Chandigarh

DF-II

CC/490/2021

Rajni Kumari - Complainant(s)

Versus

M/s Ambey Movers And Packers Through its Proprietor Sh. Dinesh Kumar - Opp.Party(s)

In Person

09 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	490/2021
Date of Institution	:	30.07.2021
Date of Decision	:	09.11.2022

 

                     

            

Rajni Kumari aged 32 year w/o Sh.Naveen Kumar r/o House No.1321, Sector 44-B, Chandigarh

                 ...  Complainant.

Versus

 

1.  M/s Ambey Movers & Packers through its Proprietor Sh.Dinesh Kumar.

 

2.  Ms.Poonam, (Concerned Office Clerk)

 

3.  Sh.Suraj, Driver of vehicle Tata 407

 

4.  Sh.Raj and Sarfraj Labourers

 

    All c/o M/s Ambey Movers and Packers, Plot No.38, Adarsh Nagar, Sector 26, Chandigarh.

 

…. Opposite Parties.

 

BEFORE:
	SMT.PRITI MALHOTRA,	PRESIDING MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Naveen Kumar, husband of the complainant in person.
	OPs exparte.

   

PER PRITI MALHOTRA, PRESIDING MEMBER

1.     Briefly stated, the facts of case as alleged by the complainant are that she availed the services of OP No.1 for shifting the household domestic articles from Manimajra, 2^nd Floor rented accommodation to the newly rented 2^nd Floor Accommodation at Sector 44-B, Chandigarh for a consideration of Rs.4000/-.  The complainant was assured that all the necessary arrangements were to be made by the Company for shifting of the entire articles. On 26.04.2021 at about 7:24 AM, a conformation call was received by the complainant and thereafter the driver along with two labourers reached the spot to pick up the articles. At round 3.00 P.M., OP No.3 left the spot by taking entire loaded articles in the vehicle but did not reach the destination at about 3.34 at Sector 44-B, Chandigarh. When the vehicle did not reach, then the complainant called OP No.3 who informed that he reached the transport area along with the entire household articles and he had to pick up another laborer for unloading the articles. Subsequently, he received another call from OP No.2 who started demanding another sum of Rs.1,000/- for excessive luggage despite the fact that the deal was settled at Rs.4,000/- to which he did not agreed. Thereafter, he received another call from OP No.1 who stated that the vehicle required for shifting is 14 feet whereas the complainant asked for pickup only.  It is averred that this is a false version on the part of OP No.1, there was no talk about type of vehicle, the only talk was about the shifting of the goods @ Rs.4,000/- inclusive of the vehicle. Since, the household articles were in the custody of the OPs, therefore, the complainant had agreed to pay Rs.600/- instead of Rs.1,000/- as demanded by the OPs.  It has further been averred that the truck reached at about 5.00 p.m. and after dropping/unloading half articles, when an amount of Rs.4,600/- was handed over only then the entire articles were unloaded from the truck of OP No.3.  Finally, he served a legal notice dated 28.04.2021 through regd. post upon the OPs but to no effect. It has further been averred that the OPs have committed unfair trade practice. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.  
2.     Initially, the OPs put in appearance through their advocate Sh.Rajesh Kumar, Proxy for Sh.Sandeep Gehlawat but subsequently, they remained absented  and as such they were ordered to be proceeded against exparte on 06.09.2022.
3.     We have heard the husband of the complainant in person and have gone through the documents on record.
4.     The complainant has tendered her detailed affidavit in support of the averments made in the complaint along with supporting documents. From the perusal of the documentary evidence especially Annexure C-1 i.e. the photocopy of the call recording placed on record and the averments made in the complaint supported by the affidavit of the complainant, it is evident that the complainant had availed the services of the OPs for shifting of the household articles from Manimajra to her newly shifted accommodation at Sector 44-B, Chandigarh for an amount of Rs.4000/-. However, after loading the household articles in the vehicle and after reaching midway, the complainant was asked to pay an extra amount of Rs.1000/- against the agreed amount of Rs.4,000/-. Finding no other alternative, the complainant had to shell out Rs.600/-  The complainant has also placed on record a photocopy of the legal notice dated 28.04.2021 with postal receipts served upon the OPs but they did not bother to reply the said notice. The aforesaid act on the part of the OPs certainly caused a lot of mental agony and harassment to the complainant.
5.     Pertinently, the OPs chose not to contest the case.  Therefore, in the absence of any rebuttal from the side of the OPs, the version of the complainant, supported by the duly sworn affidavit of the complainant, must prevail.  The charging of extra amount of Rs.600/- against the agreed fare of Rs.4000/- by OP No.1 amounts to deficiency in service as well as indulgence into unfair trade practice on its part and the complaint deserves to be allowed. 
6.     In view of above observations, the present complaint is partly allowed against OP No.1 with directions as under:-

1. To refund Rs.600/- to the complainant along with interest @ 7% p.a. from the date of its receipt i.e. 26.04.2020 till its realization.  
2. To pay Rs.2,000/- to the complainant towards compensation for harassment and mental agony etc.
3. To pay Rs.2,500/- as litigation expenses.

7.     This order be complied with by OP No.1, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(b) shall also carry interest @ 7% per annum from the date of this order till its actual payment besides compliance of other directions.
8.     The complaint qua OPs No.2 to 4 stands dismissed.
9.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 09/11/2022
	Sd/- (PRITI MALHOTRA) PRESIDING MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER