DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 25th day of August, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri. Krishnankutty N.K.,Member
Date of filing: 04/09/2020.
CC/100/2020
Arumughan K, - Complainant
S/o. Kandamuthan,
Charannathu Kalam, Vadakkum Padam,
Koduvayur (PO), Palakkad -678 501.
(Party in person).
Vs
1.Saf Express,
Beechwal, Bikaner,
Rajasthan-334 001.
2. Saf Express Pvt.Ltd., - Opposite Parties
706/5,Kodumbu (PO),
Erattayal, Pollachi Road, Palakkad-678 551.
(Ex-parties)
O R D E R
By Sri. Krishnankutty N.K.,Member
Pleadings of the complainant in brief.
1. The complainant booked his home appliances and two wheeler through the opposite party for transportation from Bikaner to his home in Palakkad District. On 19.07.2020 the complainant handed over 7 packages containing home appliances and a Scooty (Activa 3 G) bearing Regn.NoRJ/07/5X/4328 to the representatives of the opposite party at his residence at Bikaner. Transporting charges of Rs.10500/- was paid upfront. All the booked items were delivered to the complainant’s house in Palakkad on 27.07.2020. On verification of the items it was found that one of the packages was partially open and items such as LGTV, AC, Piano, Scooty, Grinder, water heater and Glass items in other packages were damaged due to the negligent packing and careless transportation by the opposite party. Inspite of several communication, the complainant made through phone & e mail with the opposite party in their, Palakkad, Bikaner officers and Head Office in Delhi, his request for compensating the loss was not considered positively by the opposite party.
Hence he has approached this Commission seeking the following reliefs.
1. Compensation of Rs.93000/- towards the items damaged in transit.
2. Rs.12750/- towards travelling expenses etc.
3. Rs.100000/- towards mental agony suffered.
2. Notices were sent to the opposite parties, but they did not enter appearance and were set ex-parte.
3. The complainant filed proof affidavit on 08.02.2022 and marked the documents produced as exhibits A1 to A3. These are evidence for the booking of goods for transport, proof of making payment and photographs showing various transported items in damaged condition.
In the absence of appearance of opposite parties, their version or counter statements, or any documents to refute the allegations made by the complainant, this Commission is left with the only option of accepting the argument put forth by the complainant and rely on the evidence adduced by him in support of his claim.
4. In the result the complaint is allowed. The following reliefs are ordered.
1. Opposite party is directed to pay Rs.93000/- towards the damages
caused to the item damaged during transit.
2.Rs.12750/- towards travel and other expenses.
3. Rs.50000/- as compensation for mental agony and inconvenience caused.
4. Cost of Rs.10,000/- (Rupees Ten thousand only)
All the above amounts are to be paid within 45 days of receipt of this order failing in which a solatium of Rs.250/- month or part thereof is to be paid till the date of final payment of the above said amounts.
Pronounced in the open court on this the 25th day of August, 2022
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K
Member
Appendix
Exhibits marked on the side of complainant
Ext. A1–Photocopy of cheque No.2131 for Rs.10500/- drawn on ICICI Bank,RAU,
Beechal Branch by the complainant.
Ext. A2–Photographs showing the transported items in damaged condition.
Ext. A3– Way Bill issued by the opposite party (1) in the name of the complainant
showing details of goods transported.
Exhibits marked on the side of Opposite parties
Nil
Witness examined from complainant’s side:- NIL
Witness examined from opposite party’s side:- NIL
Cost: Rs.10,000/-(Rupees Ten thousand only).
