Order No. 13 dt. 05/06/2017
The case of the complainant in brief is that the complainant being a service holder and he was transferred from Chhattisgarh to Kolkata. In order to sent his household articles he engaged the o.p. M/s Agarwal Packers and Movers for transferable goods vis. one green colour Maruti 800 car and 115 other household articles. The complainant noticed that after the delivery of the articles the sofa was damaged and the said fact was informed the o.ps. The o.ps. directed the complainant to estimate for repair the sofa and complainant after assessment of the damage it was claimed by the authorized Godrej service provider that a sum of Rs.14,485/- was required for repairing of the said sofa. The complainant informed the said fact to o.ps. but no action was taken. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. to pay the amount of Rs.14,485/- towards the cost of repairing of the sofa along with compensation of Rs.25,000/-.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant had already received an amount of Rs.18,000/- as damage as full and final settlement. The complainant filed this case against the o.ps. only to make illegal monetary gain just to make his transportation of household goods free of cost. There was no deficiency in service on the part of o.ps. and o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant sustained any loss in respect of the articles claimed by him.
- Whether the o.ps. paid any compensation to the complainant.
- Whether there was any deficiency in service on the part of o.ps.
- Whether the complainant will be entitled to get the relief as prayed for.
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant being a service holder and he was transferred from Chhattisgarh to Kolkata and in order to transport his household goods he engaged the o.ps. for transportation of the articles and the complainant paid the charged claimed by o.ps. Ld. lawyer further argued that after the arrival of the articles it was found that the sofa was damaged and the complainant in order to damage of the sofa contacted the Godrej service provider. The representative of the company after inspection found that in order to repair the said sofa it would cost Rs.14,485/-. The complainant in order to have the amount from o.ps. claimed the same but no action was taken. Subsequently the complainant had to file this case praying for direction upon the o.ps. for payment of the said amount along with other reliefs.
Ld. lawyer for the o.ps. argued that the complainant engaged the o.ps. for transportation of his household articles and during the transport some articles were damaged for which the complainant claimed the amount from o.ps. and o.ps. paid the amount of Rs.18,000/- as full and final settlement. The complainant in order to have the monetary gain and to make his transportation of household articles free of cost filed this case making false allegation against the o.ps. There was no deficiency in service on the part of o.ps. and in view of the said fact o.ps. prayed for dismissal of the case.
Considering the submissions of the respective parties it is undisputed that the complainant in order to transport his household articles engaged the o.ps. for transportation of the articles. The complainant order to prove the said fact filed some documents. The o.ps. have also admitted that they were entrusted for carrying the articles through their transport. The complainant has claimed that there was damage during the transportation and he claimed the amount of Rs.14,485/-. The o.ps. in their w/v as well as in evidence and also by filing documents proved that o.ps. paid Rs.18,000/- as full and final settlement. In spite of receiving the said amount the complainant made allegation against the o.ps. with an eye to get more compensation to satisfy his illegal claim and also to get the advantage free transportation of the articles which he paid to the complainant for transportation of those articles. The complainant for illegally and monetary gain filed this case which has got no substantiate to be accepted and accordingly we hold that the complainant will not be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.720/2014 is dismissed on contest without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
