DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM

       Dated this the 25^th day of August, 2022                                                                                                

                             Filed on: 30/08/2019

PRESENT

Shri.D.B.Binu                                                                          President

Shri.V.Ramachandran                                                              Member

Smt.Sreevidhia.T.N                                                                 Member                                                                  

CC.No. 332/2019

Between

COMPLAINANT

Grinesh P.K., S/o. K.V. Achuthan, 2^nd Floor, Ben Appartments, Pottakuzhi Cross Road, Pachalam, Kochi 682012.

VS

OPPOSITE PARTIES

1.     Branch Office, Bangalore, Trans Cargo Movers and Packers, #10, 1^st Main, Maruthi Layout, Basapura, Bangalore, Karnataka-560100

2.     Head Office, Chennai, Trans Cargo Movers & Packers, #27/D, 6^th Cross Street, Asthalakshmi Avenue, Seneenluppam, Poomamallee, Chennai – 600056.

O R D E R

D.B.Binu, President.

1)                A brief statement of facts of this complaint is as stated below:

The complainant’s case in brief is that he had entrusted the Opposite Parties for shifting his household items from his home in Bangalore to his home in Kochi. The Opposite Parties due to negligence on their part caused damage to so many items when the box was opened. Furthermore, several items including the induction cooktop and watch are missing. Hence complainant is seeking two lakh rupees for mental agony and harassment of the opposite party, productivity loss of Rs.50,000/- and loss of items valued at 50,000/- coming to a total of Rs.3,00,000/-.

2)  Notice

Notice was issued from the Commission to the opposite parties by registered post and also send a notice through email on 12-11-2019, till date Opposite Parties have neither appeared before the Commission nor filed their version.  Hence the Opposite Parties are set ex-parte.

3) Evidence

The complainant produced three documents. Exhibit A1 to A4 marked.

EXHIBIT A1- The quotation issued by the 1^st Opposite Party

EXHIBIT A2 – The bill issued by the 1^st Opposite Party

EXHIBIT A3- The final settled bill issued by the 2^nd Opposite Party

EXHIBIT A4- Series (Additional Document) – Photographs showing the damage to the items shifted.

4)      The main points to be analysed in this case are as follows:

          I)       Whether the complaint is maintainable or not?

II)      Whether there is any deficiency in service or unfair trade practice from the side of the opposite party to the complainant?

III)     If so, whether the complainant is entitled to get any relief from the side of the opposite party?

IV)     Costs of the proceedings if any?

The issues mentioned above are considered together and are answered as follows. The complaint is maintainable by the Consumer Protection Act, 1986.

In the above case, the Complainant has produced EXHIBIT A1 to A3 and additional EXHIBIT A4 series photographs.   The opposite parties had been issued notice through the registered post as well as by email to their official email id. The opposite parties have neither appeared nor filed their version and hence set exparte. The complainant has produced EXHIBIT A4 additional documents to prove the damage to the items shifted by the Opposite Parties. The complainant’s claim against the opposite parties remains unchallenged and the complainant is successful in proving a transaction between the complainant and the Opposite Parties and the complainant has suffered mental agony and harassment at the hands of the opposite parties, hence the complainant’s claim is partially allowed. The loss of income is not fully substantiated by any proof, hence the same is partially allowed as given below. Some damage is seen sustained to items such as television and the wardrobe from EXHIBIT A4 photographs produced by the complainant, also some items such as induction cooktop and watch are missing according to the complainant and it remains undisputed. Hence the third prayer is partially allowed as given below.

As a result, we direct as follows;

1.     The opposite parties shall pay the complainant an amount of  Rs.50,000/- as compensation for loss sustained to the complainant.

2.     The Opposite Parties shall pay the complainant. Rs.15,000/- as compensation for loss of productivity.

3.     The Opposite Parties shall pay Rs.3,000/- as cost of the proceedings.

The Opposite parties shall be jointly and severally liable for the above-mentioned directions which shall be complied with by the Opposite Parties within 30 days from the date of the receipt of a copy of this order.

Pronounced in the open Commission on this the 25^th day of August 2022.

Sd/-

                                                                             D.B.Binu, President

                                                                                      Sd/-                                                                                                   V.Ramachandran, Member

                                                                                         Sd/-

Sreevidhia.T.N, Member                                                                                 

Forwarded/by Order

Despatch date:

By hand:     By post                                                                Assistant Registrar.

kp/

CC No.332/2019

     Order Date: 25/08/2022