D.o.F:5/6/2015
D.o.O:24/08/2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.139/15
Dated this, the 24th day of August 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Subha.S.Nair, W/o Prajith.K.P,
Kandamathu House, Thanhgayam, : Complainant
Trikarpur Po, Kasaragod 671310
(Adv.U.S.Balan)
1.Shivam Packers& Movers,3022, 3rd floor,
Street No.1,Chuno Mandi,Pahar Ganj, New Delhi-55.
2. Shivam Packers& Movers,1st floor, 3rd Main : Opposite parties
D.D.U.T.T.L, Industrial Suburb, Near Kantheera Studio,
Yeshwanthpura,Bangalore 560022. (Exparte)
ORDER
SMT.P.RAMADEVI : PRESIDENT
That the complainant was residing at Bangalore and was working there in Federal Bank Basavanagudi and was transferred to Kanhangad branch of Federal Bank and during her transfer to Kanhangad she has booked house hold articles with 2nd opposite party on 30/9/2014. Ist opposite party is the registered office of Shriram Packers and Movers and 2nd opposite party is the branch office of Ist opposite party . 2nd opposite party has undertaken to convey all this house hold articles belonging to the complainant to Kerala at Kasaragod District at the native place of her husband namely Trikarpur and the booking was done at Trikarpur address. On 3/9/14 the complainant contacted 2nd opposite party and booked the consignment of household articles 42 items and 2nd opposite party promised to deliver the above articles at the door step of her husband’s house at Trikarpur. But the household articles reached at Trikarpur only on 6/9/14 at midnight hours at 10.30 p.m and some of the articles were in damaged condition. The actual quotation for booking the consignment was fixed at Rs.16100/- and she had paid the entire amount and in addition to that 2nd opposite party collected an amount of Rs.1989/- as service charge and Rs.2400/- as insurance charges. The insurance coverage has not been shown to the complainant and collected the unloading charges of Rs.1500/- . But the opposite party failed to provide unloading workers and the complainant herself paid Rs.2000/- for unloading and also paid 1500/-to goods autorikshaw and thereby the complainant suffered untold miseries and the same is informed to the opposite parties but there is no response on their side. Hence this complaint is filed for necessary relief.
On admission of the complaint on file this Forum issued notice to the opposite parties. Ist opposite party served notice but not turned up. Notice to 2nd opposite party returned unserved with an endorsement unclaimed. Names of both opposite parties were called absent , set exparte.
Complainant filed proof affidavit in lieu of chief examination and Exts.A1 to A5 documents were marked.
Heard the counsel for complainant and perused the documents. Upon hearing the counsel for complainant and on perusal of the documents it is clear that the opposite party failed to provide proper service to the customers and thereby the complainant suffered mentally and financially. There is no contra evidence before the Forum. Considering all facts on records and on perusal of Exts.A1 to A5 documents, we are of the opinion that the complainant is entitled for the relief as claimed.
Therefore the complaint is allowed . Opposite parties 1 & 2 are jointly and severally directed to pay Rs.24400/- to the complainant being the loss caused and further directed to pay Rs.3000/- towards compensation and Rs.2000/- towards cost of the proceedings. Time for compliance os 30 days from the date of receipt of copy of this order.
Exts.
A1 –Quotation
A2-Consignment note
A3-ReceiptA4- Packing list
A5-letter issued by PW to Op
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva /Forwarded by Order/
SENIOR SUPERINTENDENT