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Ujjwal Packers & Movers Liable For Failure To Deliver All Items As Agreed: South West Delhi District Commission
Smita Singh
18 Jun 2024 11:30 AM IST
The District Consumer Disputes Redressal Commission-VII, Southwest Delhi bench of Suresh Kumar Gupta(President), Harshali Kaur (Member) and Ramesh Chand Yadav(Member) held Ujjawal Packers and Movers liable for deficiency in services due to its failure to deliver a tabletop and provide the agreed unloading and unpacking service for which the Complainant paid Rs....
The District Consumer Disputes Redressal Commission-VII, Southwest Delhi bench of Suresh Kumar Gupta(President), Harshali Kaur (Member) and Ramesh Chand Yadav(Member) held Ujjawal Packers and Movers liable for deficiency in services due to its failure to deliver a tabletop and provide the agreed unloading and unpacking service for which the Complainant paid Rs. 54,000/-.
Brief Facts:
The Complainant engaged Ujjawal Packers and Movers (“Transportation Company”) to transport his household goods from New Delhi to Ernakulam. The goods were delivered a month later. According to the Complainant, the agreed terms required the Transportation Company to handle packing, shifting from Delhi to Kochi, and unpacking at the destination. The Complainant paid Rs. 54,000/- for these services.
The Complainant argued that the Packing Company failed to deliver the services as agreed which resulted in a significant delay beyond the promised timeframe. Despite the Complainant's requests, it did not provide unloading and unpacking services at the destination which required the Complainant to pay an additional Rs. 5000/- expense for local labourers.
Furthermore, the Complainant claimed that an IKEA tabletop worth Rs. 7,500/- was missing upon delivery in Kochi. Initially, the delivery personnel did not provide a clear response regarding the missing item. After persistent follow-ups, the Transportation Company admitted that the tabletop was left in their Delhi godown. Despite assurances, the Transportation Company did not deliver the missing item even after 8 months which compelled the Complainant to purchase a replacement tabletop costing Rs. 15,000/-. The Complainant approached the District Consumer Disputes Redressal Commission-VII, Southwest Delhi (“District Commission”) and filed a consumer complaint against the Transportation Company.
The Transportation Company didn't appear before the District Commission for the proceedings.
Observations by the District Commission:
The District Commission referred to a copy of the bill issued by the Transportation Company amounting to Rs. 54,000/-. The bill detailed transportation charges, including loading and unloading charges, which were part of the agreement for transporting 64 household items from Delhi to Kochi. The District Commission also referred to an article list confirming receipt of 63 items, with the IKEA tabletop, valued at Rs. 7,500/-, missing upon delivery in Kochi.
The District Commission held that the Transportation Company failed to deliver the IKEA tabletop and provide the agreed unloading and unpacking services. Therefore, the District Commission held the Transportation Company liable for deficiency in service.
Consequently, the District Commission directed the Transportation Company to compensate the Complainant with a lumpsum payment of Rs. 30,000/-. This amount included reimbursement for the missing IKEA tabletop, compensation for the mental anguish endured by the Complainant due to the company's negligence, and litigation costs incurred by the Complainant.
Case Title: Dr Shobhit Singh vs Ujjawal Packers & Movers
Case Number: CC/10/2022