Order No.  19  dt.  26/12/2016

            Fact of the case in brief is that the complainant  hired the services of o.p. no.1 for packing, transportation and subsequent unpacking of his Motor Car( Santro Xing UP 32BX2903) on 24.03.2012 and also hired the services for transportation of complete household goods on 09.04.2012 from Bhopal to Kolkata. As per terms and conditions of the agreements  o.p. no.1 was to pack all goods in Bhopal and unpack the goods at the time of delivery at Kolkata. Complainant paid Rs.18,500/- by cheque as transportation charges of his Motor Car . Complainant also paid Rs.62,000/- by cheque towards transportation  and insurance charges of household goods on 09.04.2012. O.p. no.2  delivered the car at Kolkata on 31.03.2012 and complainant was surprised to see that the Motor Car was in damaged condition. The complainant mentioned  the discrepancies on the back of the delivery chalan  under protest. Complainant also lodged a complaint  in this regard through e-mail to  M/s Aggarwal Packers & Movers on 02.04.2012. The  damage due to rough transportation of the car has been mentioned in Annexure 5 and 6 and the damage costs near about Rs.25,210/-.

            Complainant received the household goods in Kolkata on 15.04.2012. He was shocked to notice that many of the articles were i.e. furniture, electronic goods, crockery etc were horribly damaged. The complainant  assessed  the damage to the  tune of Rs.1,99,790/-.   The complainant informed  the matter to op.no.1 and he also  refused to sign  on delivery bill. O.p. no.1 advised the complainant not to disturb the broken items till their employee would visit to assess the loss. One Mr. Chiranjit  Chatterjee,  employee of o.p., visited complainant’s house on 21.04.2012 and assured to compensate the damages accordingly. OPs did not bother to respond against the complainant’s  several e-mail correspondences dated 02.04.2012, 17.04.2012, 02.05.2012, 03.05.2012,19.07.2012, 23.07.2012, 25.08.2012.  Despite  receiving legal notice no step was taken by the o.ps. Again complainant requested them to solve the problem through  his e-mail dated 11.12.2012. The complainant sent the legal notice to Kolkata Office of o.p. and to the Head Office of o.p. no.1. at Secunderabad on 27.08.2012. But in vain. Complainant also lodged his grievance online in the Consumer Affairs Web Portal of  Consumer Affairs Department of the Government of West Bengal vide complaint  no.272/2013 dated 02.03.2013.

            Complainant assessed  the loss to the tune of Rs.2,25,000/- due to inept handling of  consignments by o.ps. Hence the applicatiojn praying for a sum of Rs.2,25,000/- with interest by way of compensation for the loss suffered, along with compensation of Rs.1,50,000/- for harassment and mental agony  and deficiency in service and and unfair trade practice and Rs.5,000/- for cost of proceedings.

            Though notices were served upon o.p. they did not appear before this Forum and the case was proceeded ex-parte as against them.

Decision with reasons

            We have gone through the complaint petition along with annexure filed by the complainant . Upon scrutiny of entire materials on record it is crystal clear that the complainant paid Rs.18,500/- by cheque no.321062 dated24.03.2012 drawn on ICICI Bank, Bhopal as transportation charge of Motor Car. Complainant also paid Rs.53,000/- by cheque no.321064 dated 09.04.2012 drawn on ICICI Bank, Bhopal for transportation charge of household goods and also paid Rs.9,000/- by cash towards insurance charges. The o.p. company delivered the car of the complainant at Kolkata on 31.03.2012 and complainant informed his protest in writing  since he received his car in damaged condition. Complainant’s  averments are supported by the documents annexed with the complaint petition as Annexure 4(b). Immediately on 02.04.2012 complainant lodged a complaint through e-mail.

            On 15.04.2012 the complainant received the household goods  in Kolkata. Again he was shocked to notice that many items of  his furniture electronic goods, crockery items were damaged.  When the complainant informed the matter to o.ps. the Surveyor of the o.p. company namely Mr. Chiranjit Chatterjee visited the complainant’s house at B-46 RBI Officers Colony, Ultadanga, Kolkata)On 21.04.2012.  Complainant filed the Surveyor Report issued by the aforesaid Surveyor. In that Survey Report the list of so many damages item had been mentioned by the Surveyor. Therefore it is crystal clear that the Surveyor of the o.p. company himself mentioned the names of the damaged items.

            O.ps did not contest the case.  Due to unchallenged testimony  we have nothing to disbelieve which are  adduced by the complainant. O.p. company received  the insurance charge to the tune of Rs.9,000/- but the insurance paper had not been handed over to the complainant. O.ps did not bother to solve the problem of the complainant by compensating him for the damages. O.ps sent their Surveyor and the Surveyor also mentioned the damages due to transportation. But thereafter they did not take nay further step. So we find unfair trade practice and deficiency in service on the part of the o.ps.

            In view of above complainant has substantiate  his case and as such he is entitled to get relief.

            As a result the complaint petition succeeds.

            Hence, ordered

            That the case no.134/2013 is allowed ex-parte  with cost.

            O.ps are hereby directed to refund Rs.80,500/- towards transportation charge and  insurance charge to the complainant along with compensation ,Rs.50,000/- for prolonged harassment and mental agony and cost of Rs.10,000/-. O.ps are directed to pay the aforesaid amount within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.