Chandigarh

DF-II

CC/413/2017

Kabir Singh - Complainant(s)

Versus

Safe Express Packers and Movers - Opp.Party(s)

Kulbir Singh Sekhon Adv.

03 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	413/2017
Date of Institution	:	18.05.2017
Date of Decision	:	03/01/2018

 

                                       

                                               

Kabir Singh son of Harjit Singh r/o H.No.1221, Sector 18-C, Chandigarh.

                                ...  Complainant.

Versus

 

1.     Safe Express Packers and Movers, Head Office Plot No.6/15/7, Sector 8, Nerul Navi Mumbai through its Managing Director.

 

2.     Safe Express Packers and Movers, Branch Office : E-168, Sector 7, Gautam Budh Nagar, Noida (U.P.) through its Branch Incharge.

…. Opposite Parties.

 

BEFORE: SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

 

Argued by:

Sh.Kulbir Singh Sekhon, Adv. for complainant

OPs No.1 and 2 exparte.

 

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the complainant availed the services of the OPs for transportation of his house hold items (67 in numbers) from Gurgaon to Chandigarh for a total consideration of Rs.24,865/- including Rs.2,865/- towards the insurance  i.e. 3% of the total value of 67 goods i.e. Rs.95,500/-.  It has been averred that he paid Rs.15000/- as advance and the remaining amount of Rs.9,865/- after delivery at Chandigarh.  On receipt of the goods at Chandigarh, he noticed non-reparable damage to LCD 42” TV worth Rs.40,000/- i.e. breakage on the screen of TV and other household times which the driver/deliverer admitted that the breakage of the items had occurred in transit.  It has further been averred that the OPs have also failed to provide the insurance policy despite receipt of the money for insurance.   According to the complainant, the OPs are fully liable to pay the price of the damaged LCD in question which they failed to pay despite his repeated requests/visits.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint.
2.         OPs have failed to put in appearance despite publication in the newspaper “Hindustan Times” and as a result thereof they were also ordered to be proceeded against exparte vide order dated 13.12.2017.
3.         In his evidence, the complainant has tendered into evidence his detailed affidavit in support of the averments made in the complaint along with the documents mentioned in the complaint.    A combined reading of Annexure C-1 to C-3 shows that the OPs have charged Rs.24,865/- including Rs.2,865/- towards the insurance i.e. 3% of the total value of 67 goods i.e. Rs.95,500/-.  He has also placed on record a photocopy of the TV showing the damage to its screen.  However, he has not placed on record any bill showing its date of purchase and the price or estimate of repairs of the loss suffered by him on account of the damage of the aforesaid TV in question. However, at the same time it is quite clear that the screen of the TV in question was damaged during transportation from Gurgaon to Chandigarh. Under the circumstances of the case, we can assess the amount of damage only by guess work and approximation. The evidence on record points out towards deficiency in service on the part of OPs but no case is made out for refunding the entire price of the TV in question in the absence of any reliable documentary evidence regarding its price.
4.         Having regard to the facts and circumstances of the present case, we feel that ends of justice would be met if an amount of Rs.25,000/- is awarded to the complainant towards compensation for the loss and damage caused to the TV in question, harassment and humiliation besides Rs.5,500/- as  litigation expenses.
5.         For the reasons recorded above, the complaint is partly allowed. The OPs are directed to make payment of an amount of Rs.25,000/- to the complainant towards compensation for loss, damage to the TV in question, harassment and humiliation & Rs.5,500/- as litigation expenses.
6.         This order be complied with by the OPs within one month from the date of receipt of its certified copy, failing which, OPs shall be liable to refund the awarded amount to the complainant along with interest @ 9% p.a. from the date of filing of the complaint, till its realization besides litigation expenses.
7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

03/01/2018

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER