Orissa

Sambalpur

CC/11/2020

Sri Soumendra Kumar Pradhan - Complainant(s)

Versus

DRS Dillip Roadlines PVT LTD - Opp.Party(s)

10 Oct 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 11/2020

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sri. Soumendra Kumar Pradhan,

Manager (Law) United Bank of India,

Regional Office, Ainthapali,

Dist- Sambalpur-768004.                                              ………………..Complainant

 

Vrs.

The DRS, Dillip Road Lines Pvt. Ltd.

Agarwala Packers And Movers,

Regd. Office-220, Korba Complex, 61 M.G. Road,

Secundarapad-500003, Telengana.                             …...……….. ….Opp. Party

Counsels:-

1. For the Complainant       :- Self
2. For the O.P.s                     :- None

 

Date Of Filing :19.03.2020,Date Of Hearing :Xxxxx, Date Of Judgement : 10.10.2022

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant was posted as the Manager (Law) at United Bank of India, Legal Department, Head office Kolkata and transferred to Sambalpur Regional Office situated at Ainthapali, Sambalpur. As the Complainant was transferred, he contacted the mover and packers, here the O.P over internet through their website and phone for transporting his personal belongings to Sambalpur from Kolkata. The O.P is doing the business of packers and movers and is empanelled with the United Bank of India. The Complainant contacted the O.P who gave quotation to him for Rs. 29225.00 and took Rs. 1000.00 as advance and the O.P took his personal belongings from his residence in Kolkata situated at Flat No. 103, Prafulla Villa, in front of Makhala High School, Uttarpara, Kolkata, West Bengal by sending his truck and employees on 15.08.2018. There are total 39 items in the list of personal belongings. The O.P promised that they will deliver the personal belongings very soon. The Complainant paid the rest amount of Rs. 28225.00 to the O.P a totaling Rs. 29225.00 and the O.P issued him the receipt of the same dtd. 15.08.2018 bearing no. DRS/KOL/4555811/18. The O.P delivered the personal belongings to the Complainant on. 04.09.2018 by the delivery officer. While delivering the personal belongings, the O.P delivered all the belongings except the LED TV mentioned at serial No. 3. When the Complainant asked the said delivery officer of the O.P said that they forget to load the TV and shall deliver the same very soon to the Complainant. In this regard, the delivery Officer of the O.P acknowkedged that the LED TV mentioned at serial No.3 is missing and has not been delivered to the Complainant. But after repeated follow ups, the O.P failed to deliver the LED TV till date to the Complainant. In this, regard, the Complainant sent letters to the O.P asking them to return the TV on 19.11.2018, 10.02.2019 and on 07.12.2019. The said LED TV of Brand SONY BRAVIA was purchased from Raipur on Bajaj Finance on loan installments. The cost of the LED TV was Rs. 31,309.00 in the bill it has been mentioned that the loan amount was Rs. 28,900 and the initial payment was Rs. 2409. So the total cost of the TV was Rs. 31,309.00. In the list of goods at the item No. 3 in annexure 2, the O.P has mentioned the value of the TV as Rs. 10500.00 and also mentioned the TV as LCD which is totally wrong. The Complainant was also transferred from Raipur to Kolkata in January 2015 and had also availed the services of the O.P to transport his personal belongings. At that time the O.P had mentioned the value of the LED TV as Rs. 35000.00 which is mentioned at item No.9.and the said consignment No. 4265958.
2. The O.P is set –exparte. Hence the case is decided on merit.

 

103606587.  

1. Is the Complainant is the Consumer of the O.P?
2. Is there any deficiency of service in part of O.P?
3. Whether the Complainant is entitled for getting any relief?

 

Issue No. 1 Is the Complainant is the consumer of the O.P?

The O.P is doing the business of packers and movers. The Complainant contacted the O.P who gave quotation to him for Rs. 29225.00 and took Rs. 1000.00 as advance and the O.P took the Complainant’s personal belongings from his residence from Kolkata to Sambalpur. Hence the Complainant is a consumer of the O.P.

Issue No. 2 Is there any deficiency in service on the part of O.P?

Despite of repeated reminders by the Complainant, the O.P has not delivered the LED TV to the Complainant. The Complainant has already paid the full amount of Rs. 29225.00 to the O.P. So the O.P is deficient in its service.

Issue No. 3 Whether the Complainant is entitled for getting any relief?

From the facts of the parties, the Complainant is fully entitled for getting reliefs what he claims in his complaint petition from the O.P

                             ORDER

The Complaint is allowed ex-parte. The O.P is directed to return the LED TV of the Complainant or Rs. 31,309.00 towards cost of the TV with 12 % interest to the Complainant from the date of delivery of the other items i.e 04.09.2018 to till date, Rs. 30,000/- towards deficiency of service , harassment and mental agony suffered by the Complainant as compensation and Rs. 5,000/- towards cost of the petition to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 10^th day of Oct, 2022.

Free copies of this order to the parties are supplied.