Chirasmita Priyadarsini Patra. filed a consumer case on 25 Sep 2020 against Sarbam Mishra,Owner-Cum-Manager,Starsports Relocation-Packers and movers. in the Jajapur Consumer Court. The case no is CC/115/2019 and the judgment uploaded on 28 Sep 2020.
IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JAJPUR.
Present: 1.Shri Jiban ballav Das , President
2.Sri Pitabas Mohanty, Member,
3.Miss Smita Ray, Lady Member.
Dated the 25th day of September,2020.
C.C.Case No. 115 of 2019.
Chirasmita Priyadarsini Patra , D/O Ramesh Ch.Patra
At. Mahavir colony P.O/P.S. Panikoili
Dist.- Jajpur .
At Present:plot No.250(81/842)Miracle enclave Lane
Road-1,Jagannathvihar,Baramunda,Bhubaneswar, …… ……....Complainant . .
(Versus)
Sarban Mishra,Owner –cum-Manager,Starsports Relocation,Packers and movers
Office No.208-B,2nd Floor,Paras Building ,Tata Road no.2,Near central
Plaza cinema ,Landmark,Diamond market,Opera house,Charni Road,Mumbai .
……………..Opp.Parties.
For the Complainant: Sri R.Ch. Patra, M.K.Panda, Advocates .
For the Opp.Parties : Exparte. (None)
Date of order: 25 . 09. 2020.
SHRI PITABAS MOHANTY, M E M B E R .
Deficiency in packers and movers services is the grievance of the petitioner.
The fact of the complaint in short is that the petitioner reside at Mumbai Moharastra and was a service holder at Tata consultancy service She got herself transferred to Tata consultancy services , Patia branch BBSR as a result of which she had to transfer her belonging to Orissa .That the petitioner searched for packers backer and movers services and found star sports Relocation services and desired to send the belonging through them .
That on 1.10.29 the petitioner delivered her belonging one bag and two cartoon to the o.p and paid Rs 1000 /- as advance and again on 2 .10.2019 made her rest payment in lieu of the same by ( bank transaction and avail consignment of Rs 6,300/ as delivery charges .Thereafter the o.ps moved the package and made a promise to deliver the package within 6 days but after lapse of 6 days there was no deliver made to the shipping address . The petitioner made several calls and messages and reminders but the O.p did not pick her call and after receiving call gave her assurance that the package will be delivered soon ..The petitioner sent various mails to which he did not make any reply and lastly the petitioner being fed up with such irresponsible behavior sent the legal notice to the O.ps on dt,.21.11.19 .That the acknowledgement returned on 9.12.19 and the notice was returned as unclaimed as per postal remark .That the petitioner has clearly been in problem because of her package of which contained the belonging amounting Rs 91,360/- and she herself landed to BBSR on 18.10.19 and till date there was no to delivery made to her . Accordingly finding no other alternative the petitioner knocked the door of this commission to direct the O.P to deliver the package within 7 days and compensate him of Rs1,70,000/- for deficiency in service and litigation charges and mental harassment .
After admission the notice of the present dispute sent to the O.p through Regd post on dt.18.12.19 vide order. 18.12.19 to file show cause and objection against the complain of the petitioner but said R.P returned with postal remark unclaimed .Thereafter the petitioner filed a petition to serve the notice of the present dispute to the O.P through E-mail .Hence the notice of the present dispute sent to the O.P through E-mail dt 12.2.20 which was duly served by the O.P.Thereafter the o.ps neither appeared nor filed any written version / objection against the present complaint . Accordingly the O.P has been set exparte vide order dt.04.09.20 by this commission.
On the date of hearing we heard the argument on the learned advocate for the petitioner After perusal of the record and documents in details it is undisputed fact that the petitioner sent one bag two cartoon through the O.P , the op received Rs 6,300/- as delivery charges. He promised to deliver within 6 days.
On the other hand the O.P neither appeared nor filed any objection or written version against the complaint of the petition . Hence there is no scope remained before this commission without accepting the uncontroverted statement made in the complaint petition as per observation of National commission stated below :
1.2013(1) –CPR-507-N.C
Wherein it is held that :-
“The written version is not filed after several opportunity , It is presumed that there is no defence on merit .
2003( CLT) –vol-96—315 ( C.D case no 37/02)
“In absence of written version the commission is bound to accept the uncontroverted statement of the complaint petition . “
Hence this order:
The dispute is allowed against the O.p exparty . The O.P is directed to deliver the package within 7 days after receipt of the order along with compensation of Rs.10,000/- or the value of consignment package + consignment delivery charges + compensation ( 91360 + 6300 +10,000) Total Rs.107660 /- within one month after receipt of this order, failing which the petitioner can take steps as per law in case non compliance of the order .
This order is pronounced in the open Forum on this the 25th day of September,2020. under my hand and seal of the Commission .
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