Ashok Kumar Sinha s/o late Shri Ram Rup Singh

A/P R/o Sector 1/C, Qr. No.-524, B.S.City Dist.- Bokaro.

Versus

1. M/s Maheshwari Movers & Packers, 216, Hira Singh Bagan, New Kalimati Road, Sakchi, Jamshedpur(Jharkhand)831001.

2. M/s Amar transport Service, Jodhadhi More, Chas,

Bokaro.


The complainant has filed this complaint case against the opposite party for payment of Rs. 28000/- with 12% interest received towards packing, labour charges, freight charges, loading-unloading etc., Rs. 16000/- with 12% interest towards transportation charges, Rs. 1800/- with 12% 9nterest towards boarding and lodging of labours, Rs.2000/- with 12% interest towards cancelation and repurchase of Railway Tickets, Rs. 16000/- with 12% interest towards damaged house hold articles and Rs.50000/ as compensation for mental agony and physical harassment.

2 The complainant’s in brief is that he asked the opposite party No.1 for shifting of his house hold articles from Bokaro to Raipur (Chhattisgarh). The said opposite party charges Rs. 28000/- from the complainant for packing the articles, labours for loading and unloading, providing container from Bokaro to Raipur, escort, service and unpacking. The consignment was required to move out from Bokaro on 28.07.2007. The packing of articles was done on 26.07.2007 and 27.07.2007 by engaging unskilled labours with insufficient packing material by the opposite party. But the opposite party could not arrange the container till the after noon of 29.07.2007 and it was making false assurances regarding the arrangement. Lastly the opposite party refused to make any arrangement for shifting the house holds articles of the complainant.

Thereafter, the complainant contacted the opposite party No.2 who agreed to shift the complaint’s articles in a Truck and charged Rs. 16001/- for the same. Finally the complainant’s articles were departed from Bokaro in the night of 29.07.2007 and could reach Raipur on 31.07.2007. Upon unloading the materials the complainant found that his many articles were badly damaged due to insufficient packing of the same by unskilled labours of opposite party No.1. Besides the complainant had to cancel his scheduled Railway Reservation and had to repurchase another Railway Tickets in view of the failure of the opposite party no.1 to shift the complainant’s articles from Bokaro to Raipur as agreed. Since the opposite party No.1 has been deficient and negligent in service towards the complainant by not shifting the complainant’s articles after charging for the same and not returning the charges to the complainant, the complainant has filed this case asking his relief from this opposite party.

3 Upon issuance of the notice the opposite parties appeared and filed their written statement. In the written statement of the opposite party No.1 it has been submitted that the complainant loaded 121 articles on the Truck and due to this, damage could be possible for which this opposite party is not responsible. This opposite party could get only Rs. 20100/- from the complainant and returned to the complainant Rs. 10000/-, Rs.5000/- and Rs. 15000/-. Hence there has not been any deficiency and negligency on the part of this opposite party towards the complainant and the opposite party is not as such liable to pay any relief to the complainant. The complaint petition is without any merit and the same is liable to be dismissed. Opposite party No.1 has prayed this Hon’ble Forum to accept its show cause and to dismiss the complaint.

4 In the written statement filed on behalf of the opposite party No.2 it has been submitted that there was a contract between the complainant and opposite party No.1 for providing container, packing materials and transporting the same from Bokaro to Raipur. If there are any instances of short coming and deficiency in service that is on the part of the opposite party No.1 and there is not a single instance of deficiency and negligency shown on the part of opposite party No.2. On the request of the complainant this answering opposite party accepts the transportation of packed material from Bokaro to Raipur against charging for the same from the complainant. Since this opposite party has not been negligent and deficient towards the complainant it has prayed this Hon’ble Forum to dismiss this case with cost to opposite party No.2.

5 Both parties were heard. We have gone through the entire case records and documents field on behalf of the parties. Non transportation of the complainant’s articles by the opposite party No.1 and subsequent shifting of the same by the opposite party No.2 from Bokaro to Raipur are admitted facts. It is observed that the opposite party No.1 had charged Rs. 28100/- from the complainant and received the same amount vide its receipt no.384 dated 26.07.2007. Upon the failure of opposite party No.1 the complainant’s article were transported by the opposite party No.2 from Bokaro to Raipur against charging of Rs. 16001/- from the complainant vide its receipt no. 10/007-008 on truck no. CG-04-J-5282. Copies of both the above receipts have been filed in the case records as annexure D/2 and annexure D/4 of the complainant. Annexure D/5 is the list and estimate of damaged items during transportation from Bokaro to Raipur which has been endorsed on 31.07.2007 by one Raju Mandal a staff of opposite party no.1. The damage of these items are found to be occurred on account of insufficient packing of the materials by the unskilled labours of the opposite party no.1. The total estimated cost of such damage has been assessed as Rs.16400/- as per annexure D/5. Annexure D/1 is a copy of the service bill no. 308 dated 26.07.2007 of the opposite party No.1 showing full truck load of the complainant’s articles.

6 After going through the entire case records and documents it is concluded that the opposite party No.1 failed in its job of transporting the complainant’s articles from Bokaro to Raipur as scheduled as per the agreement between them and after charging from the complainant for the same. The shifting of the complainant’s articles by the opposite party No.2 after failure of opposite party No.1 is confirmed. The damage of the complainant’s items to the tune of Rs. 16000/- on account of deficient packing of the same by the opposite party No.1 is also confirmed. On perusal of the documents, payment of Rs. 5000/- only by the opposite party no.1 to the complainant has been established.

7 In view of the above, we, therefore, hold that there has been negligency and deficiency on the part of the opposite party no.1 towards the complainant. The opposite party No.1 is hence, held, liable to pay to the complainant Rs. 23000/- (Rs. 28000-Rs.5000) on account of non refund of service charge and Rs. 16000/- on account of damage of the complainant’s articles, besides other reliefs.

8 Under the facts and circumstances of the case the opposite party No.1 M/s Maheshwari Movers and Packers, 216, Hira Singh Bagan, New Kalimati Road, Sakchi, Jamshedpur-(Jharkhand) 831001 is directed to pay Rs. 39000/-(Rupees thirty nine thousand )only to the complainant within 30 days from the date of this order. The above opposite party is further directed to pay Rs. 2000/-(Rupees Two thousand) only as compensation to the complainant within 30 days from the date of this order.