BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 27^thDAY OF NOVEMBER 2024

ORDER

SMT. K. ANITA SHIVKUMAR, MEMBER

Complaint filed by the complainant under section 35 of the Consumer Protection 2019, seeking direction to OPto pay the entire cost of Rs.31,063/- with 8% interest towards cost of TV repair, to pay  Rs.10,000/- as a compensation towards deficiency in service and mental agony and Rs.2,000/- towards cost of litigation.

2. Brief facts of this case are as follows:-

Complainant stated that OP is engaging in business of Movers and Packers in which they are responsible for safely pack and move the house hold items from one premises to another. Trusting the OPs business, complainant had taken a service of OP for shifting his house hold items from Vijayanagar to Rajarajeshwari Nagar on 21/05/2022 (10 Kms within Bangalore). For shifting of household items complainant had paid Rs.9,700/- to OP. After the shifting, in the new place, complainant tried to connect the TV and turned it on. The TV screen was not displaying pictureand in some time whole screen went black.When he rise the complaint before the Samsung TV company, they sent the service person to attend the problem in TV on 21/05/2022 itself. According to the technical person TV panel was damaged and need to be replaced.Complainant’s grievance is the said TV was working well in his old house, after the shifting from old house to new, the said TVis damagedwhile shifting.Since it is essential to install, complainant got his TV panel replaced by paying Rs.31,063/- the repair was done on 13/06/2022.

Complainant further stated that from the day of incident, he tried to get some relief from OP for the damage caused by them while shifting, the company people did not provide any relief. Hence complainant filed his grievance through consumer helpline. Hence this complaint.

Notice sent to OP through RPAD, OP remained absent on the appearance, hence OP placed Ex-parte.

At this stage complainant adduced evidence by way of affidavit, along with certificate under section 65 (b) of Indian Evidence Act. In support to the affidavit evidence complainant filed 8 documents which are marked Ex.P.1 to P.9. Complainant filed written arguments. Heard argument of the complainant & perused the materials on record.

On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant has proved the deficiency of service on the part of OP?

ii) Whether complainant is entitled for the relief?

iii) What order?

07. Our answers to the above points are as follows:-

                        Point No.1:- Affirmative.

                        Point No.2:- Partly Affirmative.

                        Point No.3:- As per the final order.

REASONS

08. Point No.1 and 2: These points are inter-connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

After perusal of pleadings, evidence and written arguments, it is proved that complainant has taken a service from OP for shifting of house hold items from Vijaynagar to Rajarajeshwari Nagar Bangalore. Complainant has paid Rs.9,700/- to Lenora Packers and Movers, which is OP in this case, is at Ex.P.2. earlier to payment OP has sent quotation for Rs.10,700/- to complainant with terms and conditions mentioned which is at Ex.P.1. OP assured that packing will be done using best packing materials like lamination, tharmacoal, cartol box, bubble wrap etc, for packing purpose and also service taxes will be collected for prompt and careful delivery of the items. Under such condition OP has damaged the TV panel of the complainant while shifting from previous house to new location. Even though OP has collected money for the service tax and also assured to deliver the said items with the due care.Complainant has produced screenshot copies and the account statement of the HDFC bank dated 21/05/2022. Complainant has paid Rs.7,000/- as per the account statement which are at Ex.P3 and P4. Complainant has proved his payment towards shifting of household items but OP has negligently transferred the items, like TV requires careful handling and with the proper packing. As alleged by complainant TV was well functioning at his previous house before shifting, after reaching and installed at new place, the said TV was blank. After the examination by Samsung company personnel who visited the complainant’s house, after raising complaint before Samsung company that the TV panel is damaged which need to be replaced. Since then complainant tried to contact OP. OP did not respond to complaint, hence complainant himself incurred cost to replace the TV panel which costs around Rs.31,061/-, which is at Ex.P.7.even thoughcomplainant’s legal notice received by OP. OP did not respond to legal notice dated: 02/12/2023. Complainant approached consumer commission for the relief from the OP. OP neither appeared before this commission nor complied the claim of the complainant as prayed in the legal notice.Hence the averments and evidence made by the complainant are unchallenged. Complainant has proved the case. Through this in our considered view, OP has caused deficiency of service and rendered not satisfactory service to the complainant.

Therefore, OP is liable to refund the amount of the TV panel of Rs.31,063/- and compensation of Rs.5,000/- for mental agony and deficiency of service. OP has not taken step before approaching this commission. Hence complainant has incurred money to file the complaint. Therefore OP is also liable for cost of litigation of Rs.2,000/- to the complainant. On the above reasons we answer point No.1 and 2 accordingly.

Point No.3: In view of the discussion referred above, we proceed to pass the following:-

:ORDER:

1. Complainant filed this complaint under section 35 of Consumer Protection Act 2019, is allowed in part.
2. OP shall pay Rs.31,063/- to the complainant for cost paid towards replacement of TV panel.
3. OP shall pay Rs.5,000/- towards compensation for deficiency of service and Rs.2,000/- towards cost of litigation within 30 days from the date of order, failing which OP shall pay interest  at the rate of 10% per annum on award amount from the date of order till realization.
4. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 27^THday of NOVEMBER 2024)

Documents produced by the Complainant-P.W.1 are as follows: