DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.382/2014
Sh. Praveen Sugan
R/o E-1 Rose Apartments
Sector-14 Extension, Rohini,
Delhi-110085 ….Complainant
Versus
M/s Welcome Packers and Movers Pvt. Ltd.
Through Mr. Ranbir Singh- Director
Plot No.615, Near Radisson Hotel,
Rangpuri, Mahipalpur,
New Delhi-110037 ……Opposite Party
Date of Institution : 30.09.14 Date of Order : 27.07.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that he had engaged OP for transporting household goods from Pune to Delhi on 28.06.14 vide consignment No.166 by hiring a closed container trailer of 17 ft. length for delivery at his Delhi address. He was promised by the OP that the delivery of booked goods will be made within 4 days by 02.07.14. It was delayed by 5 days and delivered on 07.07.14 at around 2 a.m. early in the morning. He had made the payment for 17 ft. container but the material was packed in 14 ft. container. He had to make an additional payment for covered secured and closed container and the items were shifted to another vehicle and goods were delivered in open truck without a cover. The goods were damaged during the transit. The details of damaged goods are given in para No. 11 (a) to 11 (l). The OP’s representative Mr. Agit Singh informed him vide email dated 20.07.14 that they will pay for the delay and damages by informing him but after that there was no response from the OP. He contacted him over phone many times. Ultimately, he sent emails dated 05.07.14. 20.07.14, 28.07.14, 05.08.14 and also sent a legal notice on 18.07.14 but no reply has been received from the OP till date. Hence, pleading deficiency in service on the part of OP the complaint has been filed with the following prayers:-
- Direct the OP to pay Rs.23,5000/- alongwith 18% interest from the date of filing of the complaint till the date of recovery of money to the Complainant.
- Direct the OP to pay a sum of Rs.20,000/- for mental agony and physical suffering.
- Direct the OP to pay cost of legal proceedings to the tune of Rs.15,000/- to the Complainant.
OP has been proceeded exparte vide order dated 09.07.15.
Complainant has filed his affidavit in exparte evidence.
We have heard the arguments of the Counsel for Complainant and have also gone through the file very carefully.
The OP has knowledge about the filing of the complaint but has not chosen to contest it.
Averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Since the Complainant has not specified the amount of damages incurred by him while transporting his goods from Pune to Delhi by the OP, it cannot be presumed or cannot be made a matter of mere presumption that he has claimed Rs.23,500/- for cost of damaged goods.
In view of the above, we hold the OP guilty of deficiency in service and allow the complaint and direct the OP to pay Rs.15,000/- in lumpsum to the Complainant towards damages incurred by him including cost of litigations.
The order shall be complied within 30 days of receipt of copy of this order failing which OP shall become liable to pay interest @ Rs. 6% per annum on the amount of Rs.15000/- from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 27.07.16.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
