Hon’ble Mrs. Rumpa Mandal, Member.

The brief fact of the case of the Complainant is that The Complainant Ms. Pourabi Mitra contracted a Courier Service for transportation of goods throughout India and outside the country under name & style “Domestic and International Packers Movers” having their registered address at Plot No. 295, near Government Boys School, Barthal village, Dwarka Sec-26, Delhi PIN-110061. On 09-01-22 Complainant reserved through the O.Ps for transportation of her household articles and personal belongings from Delhi to her Permanent Place of abode in Cooch Behar vide Consignment Note being No 1052 dated 09.01.22 and O.P charged a total sum of Rs. 25447/- against such consignment including Insurance chargers vide Bill No 1056. The Said Consignment was delivered to the Complainant on 15.01.22 at Cooch Behar and she found two out of total 22 boxes were missing i.e. 20 boxes were delivered to her. Later she discovered that most of her belongings were in damaged Condition and some of them were damaged due to water which she reported to the concerned delivery agents. Complainant again tried to contact the O.P over phone and whatsapp with all the details of her belongings and Photos of the damaged goods, but the O.P did not pay any heed. On 16.01.22.the Complainant sent on email to the O.P but she did not get any reply from their end. On 24.01.2022 the Complainant lodged an online consumer complaint vide complaint No. 3242400 In which the O.P has not responded yet. The Complainant hired the O.P for Sending her consignment from Delhi to Cooch Behar against which she has paid the entire freight and the O.P. had assured her  that the said consignment was properly insured for which the O.P. has charged Insurance charges even. The Complainant sustained a loss of 38000/- against her damaged materials but O.P. has not yet taken any positive steps towards mitigating her said grievances. The matter of settlement of claim was delaying by the O.P, Complainant served a legal notice upon the O.P through registered post with A/D through her Advocate Mr. Bibek Kumar Datta on 12.03.2022. But on 21.03.2022 the O.P deliberately refused the notice. The Ld. Advocate of the Complainant sent two emails to the registered email address but they did not give any reply. The Complainant suffers mental pain and agony as well as sustained pecuniary loss due to perpetrated unfair trade practice of the O.P.

The Cause of action of the Present Complaint arose firstly on 15.01.2022 when the said Consignment was delivered to the Complainant at Cooch Behar and on receiving the items the Complainant found two out of total 22 boxes were missing i.e 20 boxes were delivered to her & when She further discovered that most of her belongings were in damaged  Condition and Some of them damaged due to water & which she forthwith reported to the O.P. & lastly  on 31.03.2022 when the notice sent through the Ld. Advocate of the Complainant was intentionally refused by the O.P & returned to her Ld. Advocate and which is still continuing. The Complainant prays for an award for Rs. 38,000/- against The O.P. towards the articles damaged/broken The articles & Rs. 1,00,000/- against the O.P. towards their unfair trade practice in non settling the claim of the Complainant & Rs. 50,000/- towards mental Pain  & agony & Rs. 25,000/- for litigation cost.

 After service of notice, O.P did not appear before this Commission. So as for provision of Sec. 114 of Evidence Act and sec 27 general clause act the service is considered as proper and valid for which this commission by its order No. 7 dated 09-02-23 decided to hear Ex-parte against the O.P.

Decision with reasons

The Complainant in order to establish the claim adduced by filing evidence on affidavit and document before the Commission.

Perused the Pleadings of the Complainant and the documents in the Case record. Heard argument advanced by Ld. Advocate for the Complaint. The statement made in the evidence on affidavit are absolutely in Consonance with the averments made in the Complaint Petition.

The O.P. did not controvert the specific allegation of the Complainant in his complaint, since the O.P. decided not to contest the case and did not file any written version.

Now from the aforesaid fact, it is clear that in order to Complainant hired opposite party packers and movers service for sending her consignment from Delhi to Cooch Behar. Complainant being consumer has right to recover the entire loss which she sustained.

The Conduct the O.P. is no doubt amounts to deficiency in service, resulting Sufferings of Complainant. No reason was shown by the O.P in the W/V or evidence on affidavit as to why the Complainant’s articles were damaged and loss incurred by the Complainant. Therefore, the Complainant has justified this commission for   getting desired reliefs.

Annexure-A and Annexure-B are the Consignment Note being No.1056 and consignment being No. 1052 dated 09.01.2022 against such  Consignment the opposite Party  Charged a total sum of Rs. 25447/- including Insurance charge. 

The said consignment was delivered to The Complainant on 15.01.2022 at Cooch Behar being Annexure - C and Annexure - D. The Complainant sent an email to the 0.P being Annexure -E. Annexure -F is the legal notice sent by her Advocate vide Notice dated 12.03.2022 through registered Post with A/D praying for settlement of her claim to the sum of Rs. 100000/- Annexure-G is the copy of complaint through email. Annexure-H is the posted receipt of legal notice.

The aforesaid transportation concern viz. “Domestic and International Packers Movers” for house hold articles and personal belongings from Delhi to her permanent place of abode in Cooch Behar and the said receiving items were in damage condition and two boxes were missing that could not be controverted and its averment stand unchallenged. According, it stands well proved that the O.P received the total charges. But receiving the all  goods  were in damaged/broken Condition, the Complainant time and again tried to contact the O.P. over phone and whatsapp with all the details of her belongings and Photos of the  damaged goods, but the  O.P did not pay heed.

The allegation of the Complainant that the O.P. neglected and supplied the articles, inspite of repeated requests by the Complainant stand well proved in as much as the O.P. did not Contest the Case on Cross-examined against evidence  on affidavit. Annexure-E, Annexure-F and Annexure-G Complainant sent Complaint   for mitigating her said grievances. The Complainant also proved the written complaint sent by the her Advocate since the O.P did not sent any reply against the legal notice.

After Perusing the documents adduced in evidence by the Complainant it transpires  that Annexure- E is  the document through  which the Complainant received some damaged articles and it is also found that after receiving the damaged articles Complainant reported to the concerned delivery agent but Complainant did not get any reply from their from their end.

The entire oral and documentary evidence of the Complainant could not be disproved since the case is ex-parte.

In the light of the aforesaid discussion and observation made in the foregoing paragraph a reasonable inference is drawn that the Complainant successfully proved the case as Consumer against the O.P. It stands also duly proved that the misdeeds on the part of the O.P. should be considered as deficiency in service which caused mental pain and agony at the Complainant.

Accordingly, the Case of the Complainant succeeds ex-parte against the O.P.

Hence, it is

Ordered

The Complaint case No. CC/40/2022 be and the same is allowed ex-parte without any cost.

The Complainant do get an reward of Rs.38,000/- against the O.P. towards the articles damaged/broken and the loss incurred by the Complainant. The O.P. is further directed to pay Rs.50,000/- to The Complainant towards their unfair trade practice in non- Settling the claim of the complaint and O.P is also directed to pay a sum of  Rs.30,000/- of  mental pain and agony, and Rs.10,000/- for cost of Proceedings total = 1,28,000/- (one lakh twenty eight thousand) within 30 days from the date of passing the final order to the Complainant  failing which the O.P. shall pay an interest @ 6% per annum on the awarded sum i/d the Complainant shall be entitled to execute the award as per provision of law.

D.A. to note in the trial Register.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order is also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.