DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKADDated this DaDthe 1^st day of March 2021

Dated this the 15^th day of July 2021

Present: Sri.C.T.Sabu(President I/c)  

              : Smt.Vidya.A, Member                                                        Date of Filing: 19/10/2020

CC /132/2020

Raj Krishnan Sivaraman                                                                                  -           Complainant

Resident of “Swathi”

Thendomkodam,

Kizhakkanchery Post,

Palakkad – 678 684

(By Adv.E.Sureshkumar)

V/s/o.

1.VRL Express Packers & Movers

Office No.A/755, Balaji Complex,

Wakad-Hinjewadi Road, Datt Mandir Road,

Wakkad Pune – 411057 Maharashtra

2.VRL Express Packers & Movers

Head Office

Office No.3 Plot No.149,

Sector No.23, Transport Nagar,

Nigdi, Pune – 411044

Maharashtra                                                                           -           Opposite partiesCVRS.V

V/sRajmohan,Vvvvvvv

O R D E R

By Smt.Vidya.A, Member

Brief facts of the complaint  

            The complainant was on private sector employment in Pune, Maharashtra and was temporarily residing at D-602, Iris, Magarpatta City, Hadapsar, Pune, Maharashtra.  The complainant was compelled to quit his job due to Covid 19 Pandemic and the lock down announced by the Government.  So in order to relocate to his home town in Palakkad, the complainant made enquiries for transporting his house hold goods from Pune to Palakkad.  On such enquiry, the representative of the 1^st opposite party Mr.Sharma contacted the complainant and showed interest to get the business consignment after detailed discussion.  During the discussion, the representative introduced himself from the reputed logistic operator company VRL Logistics Ltd.  On 11/07/2020, the representative of the first opposite party, visited the complainant’s house and finalized the deal for transportation of household goods for a total amount of Rs.18,000/- including transit insurance.  The representative conveyed the same to the complainant through whatsapp message.

            On finalization of the deal, presuming that the consignment is through VRL Logistics Ltd., the complainant paid Rs.1,000/- through net banking to the 1^st opposite party, being the advance amount.  Accordingly a consignment note no.044 dated 13/7/2020 and list of goods was issued by the 1^st opposite party to the complainant.  The consignment note issued by the opposite parties were not in the name of VRL Logistics Ltd.   When the complainant asked about this, the representative of the first opposite party stated that all are one and the same.  Further the total consignment amount was not mentioned in the consignment note.

            The 1^st opposite party had taken the goods from the residence of the complainant.  After taking the goods packed and transported from the complainant’s place, the opposite party had issued a bill no.087 dated 13/7/2020 for Rs.28,475/- which was much higher than the amount agreed between the parties.  The quality and method of packing were very poor and the complainant informed about this to the representative.  This was an unfair trade practice by the opposite parties to wrongly get the business in the name of VRL Logistics Ltd. and take the goods to the opposite party’s godown and then issue the consignment note in the actual name of the opposite parties with excess amount.  As the goods were taken from the complainant, he had no other option but to succumb to the pressure of the opposite parties and there was no time for him to stay in Pune and find out another logistic movers.  After negotiation with the opposite parties the amount was reduced to Rs.21,000/- and the complainant paid Rs.21,000/- to the opposite parties on 16/7/2020 being full and final settlement.  Thus he paid Rs.22,000/- (including the advance amount) which the opposite parties acknowledged.  Without delivering the goods, the opposite parties again demanded extra money.  The complainant paid Rs.1,000/- on 18/8/2020 to avoid further humiliation and harassment.  Thus a total of Rs.23,000/- was paid by the complainant to the opposite parties as against the initially agreed amount of Rs.18,000/-.  As per the invoice given by the opposite parties, the total insurance coverage is given as Rs.2,29,000/- and the insurance premium amount is shown as Rs.6,870/-.  The opposite parties have not handed over the insurance policy document to the complainant even after paying much higher amount than the initially agreed amount.  The non-delivery of goods even after 50 days from the date of consignment, charging higher amount than what is agreed and non-issuance of insurance policy clearly shows the fraudulent act and deficiency in service on the part of the opposite parties.

            The complainant lodged a complaint through e-mail to the commissioner of Police, Pune on 3/9/2020 in respect of the non-delivery of household goods, but no action was taken.  Further the complaint had sent an e-mail on the same date to VRL Logistic Ltd. and understood that their name has wrongly used by the opposite parties for getting business from the complainant.  The complaint sent a legal notice to the opposite parties on 9/9/2020 demanding the delivery of goods and for refunding the excess amount collected.  After that on 21/9/2020 the opposite parties delivered the goods to the complainant almost after 60 days.  On verification, some of the goods were found in damaged, broken and not in usable condition.  The clothes and books sent were fully damaged and not in a position to use.  The list of goods damaged and the extent of damage was duly informed to the opposite parties for insurance coverage benefit.  But they have not acted upon the request of the complainant till date.

            Hence this complaint is filed for directing the opposite parties to pay Rs.94,370/- towards various heads – excess charges, delay in delivery, damages to delivered goods, cost of books and clothes, for the insurance amount wrongly charged, compensation for mental agony together with interest at 18% from the date of consignment till date of disposal and cost of this complaint.

Complaint admitted and notice issued to both opposite parties.  Notice to the 1^st opposite party returned with a reply in their Regional language which could not be understood.  Hence notice was again served on the 1^st opposite party along with copy of the complaint through e-mail.  It was received by the 1^st opposite party but they did not appear.  So their name called absent and set ex-parte.  Notice to the  2^nd opposite party returned stating unclaimed.  So it is deemed to be served, name called absent and set ex-parte.

Complainant filed chief affidavit and Ext.A1 to A5 were marked. Then he filed additional affidavit along with a document which is marked as Ext.A6.

Main issues arising for consideration are:

1. Is there any deficiency in service on the part of opposite parties?
2. If so, what is the relief as to cost/Compensation?

Issues 1&2

Heard and perused the affidavit and documents produced from the complainant’s side.

 As per the complaint, the complainant  entrusted his house hold items with opposite parties for transferring it from Magarpatta City, Hadapsar,  Pune to his home town at Palakkad. The representative of the 1^st opposite party visited the complainant’s house and introduced that he is from the reputed logistic operator company VRL Logistics Ltd. and finalized the deal for a total amount of Rs.18,000/- including insurance. On finalization of the deal, the complainant  made an advance payment of Rs.1,000/- through net banking to the 1^st opposite party. It  can be seen from Ext.A7. Accordingly the opposite parties handed over a consignment note 044 dated 13/7/2020 and list of goods with valuation to the complainant. This document which is produced by the complainant is marked as Ext.A1.

According to the complainant, the first opposite party had taken the goods from the complainant’s residence and issued a bill No.087 dated 13/7/2020 for Rs.28,475/ which is higher than the agreed amount. The above bill is produced by the complainant and is marked as Ext.A2. Further, according to him, the quality of packing was very poor. On seeing the excess bill, the complainant contacted the opposite parties and negotiated with them to reduce the amount. Finally the amount was reduced to Rs.21,000/-. Thus the complainant paid Rs.22,000/- to the opposite parties. The complainant transferred the demanded amount to the opposite party’s bank account maintained with Nigdi Branch, Pune Maharashtra. Thus he transferred Rs.1,000/- on 13/7/2020 and Rs.21,000/- on 16/7/2020. This fact is clear  from Ext.A6. According to him, without delivering goods, the opposite parties again started demanding extra money  and finally he paid Rs.1,000/- on 18/8/2020. Thus a total amount of Rs.23,000/- was paid by the complainant as against the initially agreed amount of Rs.18,000/-. The transfer of total amount of Rs.23,000/- is evident from Ext.A6.

In the account statement produced by the complainant which is marked as Ext.A6, it is seen that the amount is transferred to DSL express packers, but the opposite party’s name is mentioned in the complaint as VRL Express Packer and movers. The complainant had given explanation in relation to this in his affidavit. As per that, the amount was transferred to the account number and IFSC code provided by the opposite parties. But in the account statement, it  has come out that the account holder’s name is DSL Express Packers.

Further as per the complaint, the total insurance coverage is given for Rs.2,29,000/- and the insurance premium amount is shown as Rs.6870/-  This is clear from Ext.A2. But according to the complainant, the opposite parties had not handed over the insurance  policy document even after paying higher amount then the initially agreed amount.

The complainant’s contention is that the opposite parties introduced themselves to be from the reputed logistic operator company VRL Logistic Ltd. But on enquiry, it is found that they had used the name of the company for getting this business consignment.

Representing themselves to be a part of a reputed company and wrongly using  their name  to get the business is clearly an unfair trade practice.

 As per the complaint , the complainant had caused to issue a legal notice on 9/9/2020 and after that the opposite parties delivered the goods. They delivered  the goods after 60 days and on verification, some of the goods were found to be in the damaged, broken and not in usable condition. Books and clothes were fully damaged and not in a position to use. Even though the list of  damaged goods and the extent or damage was duly informed to the opposite parties, they have not acted on the request of the complainant for getting the insurance coverage benefits.

All these acts of the opposite parties such as charging excess amount than the initially agreed amount, non delivery of goods within prescribed time,  inaction on the part of the opposite parties for getting the insurance claim for the complainant’s damaged items amount to deficiency in service on their part. The opposite parties are liable to compensate the complainant for their loss of goods and  deficiency in service.

Since the opposite parties remained ex-parte, the evidence adduced by the complainant stands unchallenged.

In the complaint and affidavit it is stated that the books and clothes sent through the opposite parties had fully damaged and they are not in an usable condition. But the complainant had not mentioned the actual extent of damage caused to him. In Ext.A1 (series) the total  value of clothes and books as assessed by opposite parties is seen to be Rs.21,000/- and since the opposite parties are exparte, this evidence adduced by the complainant is taken into consideration for the purpose of assessing compensation.

In the result, the complaint is allowed. We direct the opposite parties to  refund Rs.20,000/- (Rupees Twenty thousand only) the cost of books and clothes and Rs.6870/- (Rupees Six thousand eight hundred and seventy only) the insurance premium collected from the complaint. We further direct the opposite parties to pay Rs.15,000/- (Rupees Fifteen thousand only) as cost and compensation for this  complaint.

Pronounced in the open court on this the 15^th day of July 2021. d

Sd/-

                             C.T.Sabu

                         (President I/c)

       Sd/-

                                                                                                  Vidya.A

                             Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 series –  Consignment Note  No.044 with list of goods dated 13/7/2020

Ext.A2 – Copy of bill No.087 dated 13/7/2020

Ext.A3 – Copy of legal notice dated 9/9/2020 with statement of claim

Ext.A4 – Copy of whatsapp screen shot and email box screen shot

Ext.A5 – Copy of statement of claim for Rs.94,370/- upto 30/9/2020

Ext.A6 -  Digitally signed bank pass book certificate issued by Citi Bank  Pune branch for the

                period 1/7/2020 to 24/10/2020

Exhibits marked on the side of Opposite Party

NIL

Witness examined on the side of complainant

NIL

Witness examined on the side of opposite party

NIL

Cost  &Compensation:   Rs.15,000/-                                                                                                         Forwarded/By Order,   

Senior Superintendent