This complaint is filed by the Complainant u/S 35 of the Consumer Protection Act, 2019 alleging deficiency in service as well as unfair trade practice against the OP as the OP did not pay the service charge of the damaged vehicle to him till filing of this complaint.

The brief fact of the case of the Complainant is that he contacted the OP for shifting his vehicle from Airport, Kolkata through cargo to Tezpur, Assam. At the time of their representation the OP had stated that they have enough experience in packaging, moving of household goods, cars, customer clearance ware housing, air cargo (Motor Vehicle), shipping and machinery. They used to perform their works carefully and mainting punctuality for giving better service to the customers. Being satisfied with the representation of the OP the Complainant agreed to shift his four wheeler car on 16.08.2020 and paid a sum of Rs.12,199/- as service charge through bill issued by the OP dated 16.08.2020. At the time of taking the vehicle along with its relevant papers from the custody of the Complainant the OP assured that within a very short period (Maximum 5/6 days) the vehicle will reach at its proper destination at Tezpur, Assam through their cargo. Before shifting the questioned vehicle was properly serviced by the authorized service center of Hyundai. On 16.08.2020 the Complainant filled up fuel in the said vehicle and thereafter the OP took the charge of the vehicle. The OP also issued one consignor copy and recorded video of the said vehicle at the time of picked it up. The Complainant had requested the OP to send the said video recording of the vehicle, but the OP did not send the same from the spot, it was send from the office of the OP after lapse of some time. After receipt of the said video the Complainant came to realize that the OP had suppressed the meter reading with a view to foul play. The Complainant also requested the OP to send a video recording of loading and unloading the vehicle, but they told that it will not be possible for them because the car will go to ware house where another 5 numbers of vehicle will be loaded in the said cargo at night and they assured that it will be given on the next day. On the next day the Complainant did not receive any video recording from the OP and day after tomorrow when the Complainant contacted with the OP they told that during loading the vehicle they have forgotten to take video recording.  On query the complainant was told by one Mr. Ranjit on 19.08.2020 that the questioned vehicle has already been reached at Siliguri, but as per the report of driver Dharam Ji the handed over the vehicle to Times India Cargo (Motor Vehicle) on 24.08.2020, but from a reliable source the Complainant came to know that the vehicle wa not in cargo (Motor Vehicle) office, it was running on the road and the passengers were travelling in the said car. The Complainant also got knowledge that on 24.08.2020 the car was under the custody of Time India Cargo (Motor Vehicle) and the Complainant asked the mobile phone number of Time India cargo, but the OP had ignored to provide the same and tried to overcome the situation by false representation. On several times the Complainant had tried to contact with the representative of the OP, but the said representative was very much reluctant to discuss anything with the Complainant. On 27.08.2020 the son of the Complainant collected the mobile number of the Time India Cargo and contacted with them and he came to know that the questioned vehicle is detained in Assam border and it will take another 2/3 days to reach in its proper destination. Then the Complainant contacted to Air Express Packers and Movers who suppressed the entire material fact and failed to provide information about the exact location of the vehicle. Subsequently Mr. Ranjit of Air Express Cargo directed the Complainant to contact in the mobile number to trace out the vehicle. The Complainant contacted and accordingly came to know that the vehicle will reach North Guwahati on 31.08.2020 and thereafter it will take more time to reach at its proper destination at Tezpur.  As there was no alternative the recipient of the vehicle reached at North Guwahati on 01.09.2020 to receive the vehicle and at last the Complainant received the vehicle from Time India Cargo at North Guwahati without any documents. After receipt of the vehicle the Complainant noticed that the vehicle got total damage as there was no fuel, not in order of its movement, as such the vehicle was not road worthy. With the help of some people the vehicle was pushed nearby petrol pump and after filled up fuel the vehicle moved about 1.5 km and thereafter it could not move forward due to damage of the wheels. New tyres were installed with the help of the mechanics on the road side and for this purpose the Complainant had to incur expenses for Rs.14,200/- i.e. cost of the four tyres for Rs.13,600/- and the remuneration of the mechanic for Rs.600/-. As the act of the OP was suspicious the Complainant lodged a General Diary with North Guwahati Police Station dated 01.09.2020.

Thereafter the Complainant took the vehicle to the nearest service centre of Hyndai Company and the said service centre estimated the repairing charges of the said damaged vehicle for Rs.20,689/-. It is stated by the Complainant that before handing over the vehicle to the OP the meter showed that the vehicle ran about 11778 kms and after receipt of the same the meter revealed the kilometer as 12730, so the under the custody of the OP the vehicle ran about 968 kms without any knowledge of the Complainant. At the time of handing over the vehicle to the OP the Complainant also handed over the relevant papers and documents in a sealed cover packet, but the Complainant received the same in open condition. On several times the Complainant requested the OP to compensate the damage of his vehicle, but the OP did not bother to pay any heed to his request, rather the OP threatened him that if the Complainant will take any legal step against the OP, then the OP will not hesitate to take step against him. The Complainant has stated that the OP has miserably failed to send the vehicle at its proper destination within the specified time and damaged the vehicle, misused the same for their wrongful gain, caused deficiency in service on the part of the OP for which the OP is liable to pay adequate compensation to the Complainant. As the OP did not take any step to redress his grievance, hence finding no other alternative the Complainant has approached before this Ld. Commission by filing this complaint praying for direction upon the OP to pay a sum of Rs.38,227/- as service charge of the damaged vehicle along with interest thereon @12% p.a. till entire realization, to pay Rs.10,000/- as compensation due to unfair trade practice, harassment and mental agony and litigation cost of Rs.20,000/- to him.

After admission hearing of this complaint notice was issued to the Op, but inspite of receipt of the OP did not turn up to contest the complaint either orally or by filing written version, hence the Ld. Commission was pleased to pass an order that the complaint will run exparte against the OP. thereafter the Complainant has adduced evidence on affidavit and also filed Notes of argument.

On the date of final hearing argument none was present on behalf of the Complainant. We have carefully perused the entire record and documents as available. It is seen by us that the allegation of the Complainant is that the OPs had mis-used the questioned vehicle, which was handed over to the OP for shifting from Kolkata to Tezpur. The further allegation of the Complainant is that the OP had damaged the said vehicle in all respect i.e. four wheels got damage, fuel tank was empty and for this reason the vehicle was not road worthy after receipt of the same from the end of the OP, but at the time of handing over the same to the OP the vehicle was in good condition. For the purpose of doing road worthy the Complainant had to incur some expenses and by filing this complaint the Complainant has sought for direction upon the OP to pay the said amount to him along with some other reliefs.

Therefore it is clear that the Complainant has sought for the amount from the OP which was paid by him to the service station towards service charge. Admittedly as defects were cropped up in the vehicle, the Complainant had to approach before the service station for removal of such defects. But in view of the Consumer Protection Act, 2019 in case of any defect in the goods, to prove the same an expert opinion is required. Until and unless an expert opinion is forthcoming from the Automobile Engineer, we are not in a position to draw the conclusion that actually the vehicle was suffering from several defects due to mis-handling and mis-use of the questioned vehicle for which the Complainant has to incur some expenses. It is seen by us that no separate application was filed by the Complainant praying for appointment of an Automobile Engineer for inspection of the questioned vehicle and file a report before the Ld. Commission. So without perusal of any expert opinion we cannot say that the questioned vehicle was suffering from several defects. Therefore the complaint fails.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no-CC/265/2020 is hereby dismissed exparte without any cost.

Let a plain copy of this judgment be supplied to the parties free of cost as per the CPR.          

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER