Orissa

Cuttak

CC/96/2017

Prem Kumar - Complainant(s)

Versus

Sai Shradha Packers & Movers - Opp.Party(s)

P K Kuanr

22 Jul 2019

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.96/2017

Prem Kumar,

Son of Dev Narayan Sahu,

At:Plot No.11/10,Sector-10,C.D.A,

P.S:Markatnagar,Cuttack-14,Odisha.                                         .… Complainant.

 

Vrs.

Proprietor,,Chinmaya Ranjan Swain,

Sai Shradha Packers & Movers,

At:Near Metro Market Complex,

(Infront of Indane Gas),Satichoura Road,

                 Cuttack,PO-Tulasipur,Pin- 753008 

                Dist-Cuttack,Odisha

 

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    16.08.2017

Date of Order:  22.07.2019

 

For the complainant  :    Mr. P.K.Kuanr,Adv. & Associates.

For the Opp.Party       :        None.

 

Smt. Sarmistha Nath,Member(W).

                                               

                                The complainant being a consumer has filed this consumer complaint before this Forum against the O.Ps for Redressal of his grievances U/S-12 of the Consumer Protection Act,1986(Act in short)   in terms of his prayer made in the complaint is with regard to deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The brief facts of the complainant’s case is that the complainant had booked a consignment on 21.12.16 with the O.P by paying Rs.27,000/- for transportation and unloading of his household materials such as one Scooty(E.Bike), one bicycle, one freeze and an Alto Car from Cuttack, Odisha to New Delhi which was not delivered in time and after much delay the household articles were delivered on 2.2.2017 and Alto Car delivered on 18.1.2017 in damaged condition and missing of scooty and freeze etc the discrepancies described as follows:-

1. The vehicle had been misused/unauthorized used when it was finally delivered which is also breach of trust and deprecated the value of the car and further compelled the complainant to pay all the unloading charges etc.
2. The scooty cost of Rs.38,000/- and the freeze cost of Rs.13,000/- was totally missing.
3. There was additional denting in the several parts of the body, some repairing and painting has been carried on.  An expenditure of Rs.13,800/- incurred for repairing the vehicle and transportation charges.

The O.P at the time of booking the consignment on 21.12.16 assured the complainant that within 7 days i.e on 27.12.16, the goods would be delivered at Delhi.But the O.P delivered the house hold articles on 2.2.17 and the Alto Car delivered on 18.1.17 in damaged condition at Maneshar for which the complainant further paid for unloading and for transportation to Delhi and scooty and freeze are totally missing, but the O.P did not inform the complainant that the scooty and freeze were lost.The complainant was constantly in touch with the O.P and demanding delivery of the consignment.Copies of the quotation dt.31.10.16 along with bill dt.21.12.16 are annexed as Annexure-1 series.Due to non-delivery of vehicle and goods by the O.P, the complainant suffered a lot of problem to manage his family for which he arranged a guest house, food etc for his family and also face inconvenience to attend his office.

In spite of several requests made by the complainant, the O.P could not deliver the consignment and ignored the matter for which the complainant served a notice giving an ultimatum on 5.7.17 to the O.P.Copy of the notice dt.5.7.17 is annexed as Annexure-2.The complainant has prayed to direct the O.P to refund the entire purchase value of scooty Rs,38,000/- and freeze Rs.13,000/- in total Rs.51,000/-, expenses incurred for repairing the Alto Car and transportation cost from Maneshar to Delhi Rs.13,800/-,loss for material unloading, inconvenient to attend office,fooding and lodging ofcomplainant’s family Rs.58,000/-, compensation for mental agony, suffering and harassment etc. Rs.2,00,000/- and litigation expenses of Rs.15,000/-, in total Rs.3,37,800/- with interest @ 18% from the date of assured delivery i.e. 27.12.16 till the date of realization.

2.       The O.P has neither appeared nor filed any written version.
3.      We have heard the learned counsel for the complainant at length and went through the documents and papers filed by the complainant.  From the documents submitted by the complainant it is found that the complainant has booked a consignment for transportation of his household articles and vehicles which were not delivered in time and some of the items were missing.  Since the O.P neither attended the hearing nor submitted any written version, we conclude that he has nothing to say in his defense. So we are constrained to accept the uncontroverted version of the complainant.  In view of the above discussion, the O.P is found deficient in rendering service which amounts to unfair trade practice by the O.P.  Hence ordered;

Exparte Order

The O.P is directed to pay Rs.51,000/- to the complainant  towards cost of scooty and freeze,Rs.13,800/- towards repairing of car and transport cost, Rs.1,00,000/- towards mental agony and suffering along with litigation cost of Rs.10,000/- within a period of 45 days from the date of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 22^nd day of July,2019 under the seal and signature of this Forum.

                                                                               

                                                                                                                  ( Smt. Sarmistha Nath )

                                            Member (W)                                                                                                                                                                                                                                                                                                                                                             (Sri D.C.Barik)

                                                                                                                                      President.