08-09-2015  –           Due to long and uncertain period of absence of the Members, single member bench of President is functioning in their absence, in view of the order of Hon’ble National Commission in Revision Petition No. 4434 of 2014, in the matter of Mr. Netaji Surrendra Mohan Nayyar -vs- Citibank; and the judgement passed by Hon’ble Kerala High Court in the W.P. (C) No. 30939 of 2010 (N) P.K. Jose -vs- M. Aby & ors.

2. Insipte of fixing this case for passing ex-parte order against non-appearing party, nobody appears on behalf of the appellant.

3. Heard Mrs. Shilpi Prasad, the complainant, appearing in person and perused the records.

4. On being satisfied with the grounds, the delay of about 18 days in filing this appeal is condoned.

5. The complainant filed the present complaint case alleging deficiency in service on the part of the O.P.s –appellants - (Packers & Movers for short), on the ground that there was extensive damage to the household goods entrusted to the Packers & Movers for packing and transporting from Kolkata to Jamshedpur, for which, she paid charges i.e.  Rs. 58,410/- and declared the approx. value of goods at Rs.3,00,000/-.  The Packers & Movers also charged Rs. 6000/- as insurance amount and the goods were insured by it. The said payments were received in advance.

At the time of delivery of the goods, it was found that the goods were not properly packed and several items were damaged/ broken. The Air conditioner, DVD etc. were not found working. One surveyor made a vague and cryptic survey report showing that 13 items were damaged. His attention was drawn to other damaged items. He assured to come again. Although, he visited again but no additional list of damaged items were prepared. The complainant repeatedly requested for compensating for the loss, but nothing was done. A legal notice was also sent which was also not replied.

6. It appears that despite service of notice to the O.Ps. they did not appear before learned District Forum. Accordingly, vide order dated 7.2.2014 the case was fixed for ex-parte hearing against them.

7. The complainant in order to substantiate her case adduced oral as well as documentary evidence, which fully supported her claim.

8. After considering the entire matter, the learned District Forum directed the O.Ps.- appellants- Packers & Movers to pay Rs. 1.50 lacs for the damage and repair of household goods; Rs. 70,000/- for pain and suffering caused to the complainant and Rs. 5000/- as litigation cost. The Amount of Rs. 1.50 lac was to be paid along with interest @ 8% P.A. from the date of filing of complaint case i.e.  2.3.2013, till the date of final payment to the complainant. The order was to be complied within 60 days of the order, failing which, the complainant was given liberty to realise   to the amounts through the process of law.

9. In paragraph 5 of the present memo of appeal, the appellants- Packers & Movers admitted that summons were received by them from the learned District Forum but, it is said, that during that period, there was dispute in the Management. Further, it is said, that the head of the legal department resigned and other person joined the post, who found that this case was not contested.  Therefore, it is said that this appeal has been filed.

10. The said grounds are absolutely unsatisfactory and unacceptable for not contesting the case before the learned District Forum.

11. In this appeal also, the appellants have chosen not to appear, inspite of fixing it for passing ex-parte order.

12. The survey report is ineligible, vague and cryptic. Thus, the Packers & Movers did not take care to assess the loss. The claim of the complainant remained uncontroverted.

13. After considering the entire matter carefully, in my opinion, no grounds are made out for interference with the impugned order. Accordingly, this appeal is dismissed.

Issue free copy of this order to all concerned for information and needful.

      Ranchi,

      Dated:-08-09-2015