COMPLAINT FILED: 25.04.2009<br /> Complaint Disposed on 19.06.2009 <br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> Dated: 19th JUNE 2009<br /> <br /> <br /> PRESENT :- SRI. S.S.NAGARALE PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.957/2009<br /> <br /> COMPLAINANT RamMohan Subudhi Konchada, Building 8, Apt# 204,<br /> Mantri Residency,<br /> Bannerghatta Road,<br /> Bangalore – 560 076. <br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTY Shyam Relocations,<br /> Ms Bindu Agarwal,<br /> 83/7, 1st Cross, 2nd Block,<br /> Nandini Layout,<br /> Bangalore – 560 096.<br /> <br /> O R D E R<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the Opposite Party (herein after called as O.P) to refund Rs.3,600/- along with compensation and costs. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as follows:<br /> <br /> OP agreed to transport the vehicle of the complainant i.e., Bike Kinetic Nova from the pick up point location at Reddy <br /> -2-<br /> Building, No.12, 1st Main, 5th Block, Koramangala, Bangalore to the destination location at A1 GHS, Sector-5, Mansa Devi Complex, Panchakula, Haryana. On 21.02.2009 Mr. Vijendra Singh, staff of the OP, packed of the vehicle took the same to the office of OP. The OP promised to deliver it to the destination within 15 days. Complainant paid Rs.3,600/- to Miss Bindu Agarwal, staff of the OP. Complainant waited upto 16th March 2009 afterwords contacted OP through telephone. There was no proper response from office of the OP. Then complainant personally visited office of the OP at Nandini Layout. Confirmed that bike was not shifted, even after 20 days of its packed up from the pick up location. Nobody in the office of the OP cared to inform on the status of the shipment. Vehicle was lying outside the office of the OP without proper protection and shade for about 22 days. Package was worn out due to rain & exposed to whether conditions on 14.03.2009 complainant waited for a long to Miss Bindu she did not turn up. He asked the other staff of the OP to hand over the keys of the vehicle. They hand over keys to the complainant. When asked for refund of Rs.3,600/- the staff of the OP asked him to came on 17.03.2009. Complainant approached the OP on 17.03.09 but OP failed to refund the amount. Due to this negligent act of the OP complainant felt deficiency in service on the part of the OP. Hence he is advised to file his complaint against the OP for necessary reliefs. <br /> <br /> 2. On admission and registration of the complaint, notice is sent to the OP. The notice returned with an endorsement ‘not claimed’ / information delivered. Service held sufficient. OP remained absent. Without any sufficient reason or cause. The <br /> <br /> -3-<br /> bsence of the OP does not appears to be as bonafide and reasonable. Hence OP is placed ex-parte. <br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed his affidavit evidence and produced some documents. OP did not participate in the proceedings. Then the arguments were heard.<br /> <br /> 4. It is the case of the complainant that OP is agreed to transport his two wheeler, Bike Kinetic Nova from the place at Reddy Building, No.12, 1st Main, 5th Block, Koramangala, Bangalore to the destination location at A1 GHS, Sector-5, Mansa Devi Complex, Panchakula, Haryana for an agreed amount of Rs.3,600/-. The OP promised to deliver the bike within 15 days. Even after 25 days the vehicle was lying unattended outside the office of OP. Worn out due to rain and exposed to whether conditions without proper shade. Inspite of complainant’s, repeated requests OP failed to transport the vehicle. There was no proper answer in the office of the OP. The consignment copy and the cash receipt issued by the OP has been produced. We are satisfied with the evidence produced by the complainant. The non appearance of the OP even after due service leads us to draw an inference that OP admits all the allegations made by the complainant in toto. OP retained Rs.3,600/- without transporting the vehicle or refunding the amount. This act of the OP amounts to deficiency in service. Complainant for no fault of his made to suffer both mental agony and financial loss. Hence for these <br /> <br /> <br /> <br /> -4-<br /> reasons we find it as a fit case to direct OP to refund the amount as prayed. Accordingly we proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed. OP is directed to refund Rs.3,600/- to the complainant along with litigation costs of Rs.1,000/- to the complainant within four weeks from the date of this order. <br /> <br /> Send the copy of this order to both the parties free of cost.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 19th day of June 2009.) <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br />