Tamil Nadu

South Chennai

453/2010

G.Radhika Devi - Complainant(s)

Versus

Sri Thangam Packers & Movers, Proprietor - Opp.Party(s)

M.Shankarnath

03 May 2018

ORDER

                                                                        Date of Filing  : 15.12.2010

                                                                          Date of Order : 03.05.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.453/2010

DATED THIS THURSDAY THE 03^RD DAY OF MAY 2018

                                 

G. Radhika Devi,

No.GF.3, HRT Plaza,

Nerachandra Babu Naidu Colony Street,

Near Benz Circle,

Patamata,

Vijayawada – 520 010.                                                .. Complainant.                                                           ..Versus..

Sri Thangam Packers & Movers,

Rep. by its Proprietor,

Shop No.34, Marutheeswarar Complex,

E.C.R. Road,

Thiruvanmiyur,

Chennai – 600 041.                                                    .. Opposite party.

          

Counsel for complainant         :  M/s. M. Shankarnath

Counsel for opposite party     :  Mr. A. Perumal Raju

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 seeking to pay a sum of Rs.5,00,000/- towards compensation for damages caused to the packages, deficiency in service, loss of good faith and for mental agony and to pay the cost of Rs.5,000/- .

 

1. The averments of the complaint in brief are as follows:

The complainant submits that on 09.11.2009, she enquired about the charges for the transportation of household articles and a two wheeler (Honda Activa) to Vijayawada with the opposite party M/s. Thangam Packers and Movers.The opposite party informed the complainant that the charges for transportation of the complainant’s packages alone is Rs.9,800/- and it would be delivered in one day.If the complainant packages are transported along with other customers packages, the charges will be of Rs.7,800/- and it will take 2 or 3 days for delivery.Hence the complainant booked her packages in the individual vehicle and paid the entire cash amount of Rs.9,800/- on 26.11.2009 for transportation.On 26.11.2009, after packing all her household articles including her two wheeler the complainant proceeded to Vijayawada and waiting for her package on 27.11.2009.Since the packages are not delivered, the complainant contacted the opposite party office and came to know that the vehicle got repaired and it will reach the next day.

2.  

3. The brief averments in the written version filed by the opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.  The opposite party states that admittedly, the complainant booked the household articles for transportation to Vijayawada and paid a sum of Rs.9800/-.  But it is not correct to say that the complainant’s articles alone will be transported in an individual vehicle.  Further the opposite party states that the articles cannot be transported within a single day; on the other hand, the vehicle which carried the packages got repaired on the way to Vijayawada.  Hence after due repair of the vehicle, the articles were safely delivered to the complainant.  It is admitted by the opposite party that three boxes contained cotton materials were crushed.  Further the opposite party state that the compensation claimed is imaginary and exorbitant.    The complaint is liable to be dismissed with exemplary cost.

4.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A7 are marked.  Proof affidavit of the opposite party filed and no documents filed and marked on the side of the opposite party.

5.      The point of consideration is:-

Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony and deficiency in service caused by the opposite party with cost of Rs.5,000/- as prayed for?

6.     On point:

Both parties have not turned up to advance any oral arguments.  The complainant filed written arguments.  Perused the records namely complaint, written version, proof affidavits, documents etc.  The complainant pleaded and contended that on 09.11.2009, she enquired about the charges for transportation of household articles and a two wheeler (Honda Activa) to Vijayawada with the opposite party M/s. Thangam Packers and Movers.  The opposite party informed the complainant that the charges for transportation of the complainant’s packages alone is Rs.9,800/- and it would be delivered in a single day.  If the complainant’s packages are transported along with other customers packages, the charges will be of Rs.7,800/- and it will take 2 or 3 days for delivery.  Hence the complainant booked her packages in the individual vehicle and paid the entire cash amount of Rs.9,800/- on 26.11.2009 as per Ex.A1 for transportation.  On 26.11.2009, after packing all her household articles including two wheeler the complainant proceeded to Vijayawada and waiting for her package on 27.11.2009.  Since the packages are not delivered, the complainant contacted the opposite party office and came to know that the vehicle got repaired and the goods will reach on the next day.  On 28.11.2009 also, the packages were not delivered and the opposite party informed that still the vehicle was under repair.  Only on the 5^th day, the complainant received the packages in a damaged condition and three packages found missing.  So, the complainant was constrained to proceed to Chennai to find out the three packages which were found missing.  The complainant contacted the opposite party regarding the three missing packages repeatedly; but there was no response.  Due police complaint Ex.A5 was lodged before J6 Thiruvanmiyur police station also.  After due enquiry by police, the opposite parties returned the three packages and the complainant was compelled to pay extra charges for transportation of the said three packages. But the complainant has not produced any document to prove the payment of  extra charges.   On the other hand, on a careful perusal of the records as per Ex.A8, photos it is seen that the packages are damaged.  Equally, it is not denied that the three packages were found missing was traced out later after lodging police complaint proves the deficiency in service.

7.     The contentions raised by the opposite party is that admittedly the complainant booked the household articles for transportation to Vijayawada and paid a sum of Rs.9800/-.  But it is not correct to say that the complainant’s articles alone will be transported in an individual vehicle.  The opposite party also has not produced any record. On a careful perusal of Ex.A1 also, the transportation of complainant’s article alone shall be sent through an individual vehicle is not clearly stated.  Further the opposite party pleaded and contended that the articles cannot be transported within a single day; on the other hand, the vehicle which carried the packages got repaired on the way to Vijayawada.  Hence after due repair of the vehicle, the articles were safely delivered to the complainant.  But it is very clear from Ex.A8 photos that all the packages were found damaged.  Equally, three boxes contained cotton materials were crushed is admitted by the opposite party.   Further the contention of the opposite party is that the compensation claimed is imaginary and exorbitant. The complainant has not produced any proof for such huge compensation.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall pay a sum of Rs.10,000/- towards compensation for mental agony with cost of Rs.5,000/-.

In the result, this complaint is allowed in part.  The  opposite party is directed to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The above amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 03^rd  day of May 2018. 

 

MEMBER –I                                                                     PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	26.11.2009	Copy of consignment bill
Ex.A2	09.11.2009	Copy of Quotation No.8121 (Rs.7,800/-)
Ex.A3	09.11.2009	Copy of Quotation No.8122 (Rs.9,800/-)
Ex.A4		Copy of photos
Ex.A5	01.12.2009	Copy of CSR – J6 Thiruvanmiyur Police Station
Ex.A6	08.02.2010	Copy of legal notice
Ex.A7		Copy of proof of service

 

OPPOSITE  PARTY SIDE DOCUMENTS:  NIL

 

MEMBER –I                                                                     PRESIDENT