Date of Complaint : 07.09.2015
Date of Order :05.01.2016
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3
PRESENT : THIRU. B. RAMALINGAM, M.A.M.L., : PRESIDENT
TMT.K. AMALA, M.A. L.L.B., : MEMBER – I
DR.T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.No. 387 / 2015
THIS TUESDAY 5TH DAY OF JANUARY 2016
R. Vaidyanathan,
NO.304, Metro Elaganza,
R.H.B., Colony, 6th Cross,
Karudacharipalayam,
Mahadevapura,
Whitefield,
Bangalore 560 048. .. Complainant.
- Vs-
The Manager, Sri Thangam Packers & Movers, Shop No.34, Marutteshwarar Complex, E.C.R. Road, Thiruvanmiyur, Chennai 600 041. .. Opposite party. | | .. Opposite party. |
| | |
For the complainant : M/s. Suchit Anant Palande & other
For the opposite party : Exparte
ORDER
THIRUMATHI.K.AMALA, :: MEMBER-I
1. Complaint under section 12 of the Consumer Protection Act 1986. The complaint is filed seeking direction against the opposite party to pay a sum of Rs.12,300/- towards the value of the missing items and also to pay a sum of Rs.10,000/- as compensation and to pay costs of the proceedings to the complainant.
2. Even after receipt of the notice from this forum in this proceeding, the opposite party did not appear before this Forum and did not file any written version. Hence the opposite party were set exparte on 12.11.2015.
3. Perused the complaint, and the documents Ex.A1 to Ex.A3 filed by the complainant and proof affidavit and the entire C.C. records and considered the arguments of the complainant counsel.
4. The complainant contended that he engaged the service of the opposite party to transport his used household items from his old residence at Mylapore to his present residence at Bangalore. On 18.4.2015 the staff of the opposite party had packed house hold items and loaded the same in their vehicle and issued a consignment No. 1503 dated 18.4.2015 for which they collected a sum of Rs.13,700/- which included transport charges packing charges loading charges and unloading charges.
5. The complainant contented that when the staff of the opposite party unloaded the household items at Bangalore the following items were missing.
Sl.No. | Description of the missing items | Value of the items. |
1 | 2 Litre Wet Grinder Tilting Model | Rs.4,500/ |
2 | Preethi Blue Line Mixie | Rs.3,500/ |
3. | 2 Feet Brass Kuthuvilakku – 4 Nos. | Rs.2,500/ |
4 | 1 Pair Hanging Brass Vilakku with Brass Chain | Rs. 800/- |
5. | 1 Feet Lord Ganesh Idol | Rs.1,000/- |
| Total | Rs.12,300/ |
Hence the complainant informed the staff of the opposite party about the missing items and they also promised to conduct a detailed enquiry and would locate the missing items. The complainant also made several phone calls to the opposite party to trace the missing items but they did not responded. Hence he issued a notice dated 18.5.2015 through registered post to the opposite party regarding the missing items. But the opposite party did not trace any of the missing items and not sent any reply. Hence he issued a legal notice dated 1.6.2015 to the opposite party to trace out the missing items or to pay the value of the said items. But the opposite party did not sent any reply. ince the missing items are very useful and valuable items and the hanging brass Vilakkus and lord Ganesh idel are very auspicious and priceless and have sentimental value the complainant insisted the opposite party to trace out the missing items. Since the opposite party failed to comply the grievance of the complainant he has filed the above complaint to direct the opposite party to trance the missing items or as an alternative pay a sum of Rs.12,300/- towards the value of the missing items along with compensation and cost of the complaint.
6. On perusing Ex.A1 i.e. consignment note dated 18.4.2015 it is proved that the complainant had engaged the service of the opposite party to transport his household items from his Chennai residence to his Bangalore residence for which he paid a sum of Rs.13,800/- as service charges. In proof affidavit the complainant had evidenced that when the opposite party’s staff unloaded the household items at his residence in Bangalore the following items were missing :
Sl.No. | Description of the missing items | Value of the items. |
1 | 2 Litre Wet Grinder Tilting Model | Rs.4,500/ |
2 | Preethi Blue Line Mixie | Rs.3,500/ |
3. | 2 Feet Brass Kuthuvilakku – 4 Nos. | Rs.2,500/ |
4 | 1 Pair Hanging Brass Vilakku with Brass Chain | Rs. 800/- |
5. | 1 Feet Lord Ganesh Idol | Rs.1,000/- |
| Total | Rs.12,300/ |
The notice dated 18.5.2015 and the legal notice dated 1.6.2015 i.e. Ex.A2 and Ex.A3 reveals that the complainant had intimated the opposite party about the above stated missing items and called upon the opposite party either to trace out the missing items or pay the value of the missing items. But the opposite party failed to respond to the notices of the opposite party and also not traced out the missing items.
7. After receiving a sum of Rs.13,800/- as transport charges, packing charges, loading and unloading charges from the complainant it is the duty of the opposite party to deliver the household items safely. Moreover as per the contention of the complainant some of the missing items namely Brass Kutthuvillaku, hanging Brass Villaku and Lord Ganesh idel are all sentimental is acceptable. From the above facts and circumstances it is clear that the opposite party failed to do their service in full fledged manner and committed deficiency of service and also caused mental agony to the complainant by missing certain items which includes valuable Pooja articles which are sentimental value to the complainant. Further it is reveals that the opposite party also never took any effort to trace out the missing items of the complainant even after receipt of the notice from the complainant.
8. Further the opposite party also has not appeared before this forum to give any contra evidence in order to defend their case. Hence he was set exparte.
9. Under these circumstances we are of the considered view that the opposite party had committed deficiency of service and caused mental agony to the complainant and as such we are inclined to allow the complaint in part. Since the opposite party had not traced out the missing items till today the opposite party is directed to pay the complainant the value of the missing items i.e. a sum of Rs.12,300/- and also to pay a sum of Rs.10,000/- as compensation towards deficiency of service and mental agony and also to pay a sum of Rs.2,500/- towards cost of litigation to the complainant.
In the result, the complaint is partly allowed. The opposite party is directed to pay a sum of Rs.12,300/- (Rupees Twelve thousand and three hundred only) and also to pay a sum of Rs.10,000/- (Rupees ten thousand only) as compensation and also to pay a sum of Rs.2,500/- (Rupees Two thousand and five hundred only) towards cost of litigation to the complainant within six weeks from the date of this order failing which the above amounts (Rs.12,300 + Rs.10,000/) shall carry interest at the rate of 9% per annum from the date of order passed till the date of realization.
Dictated directly by the Member-I to the Assistant, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the 4th day of January 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s Side documents :
Ex.A1- 18.4.2015 - Copy of Consignment Note.
Ex.A2- 18.5.2015 - Copy of Notice.
Ex.A3- 1.6.2015 - Copy of legal notice with Postal Acknowledgment.
Opposite party’s side documents: -
.. Nil .. (exparte)
MEMBER-I MEMBER-II PRESIDENT.
