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Bharat Jain, 3D Condor Marigold Apartments v/s Associated Movers and Packers (P) Ltd. & Another


Company & Directors' Information:- K V APARTMENTS PRIVATE LIMITED [Active] CIN = U45200KL2008PTC022371

Company & Directors' Information:- ASSOCIATED INDIA PRIVATE LIMITED [Active] CIN = U51109AS2000PTC006031

Company & Directors' Information:- A S J MOVERS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034770

Company & Directors' Information:- MOVERS (INDIA) PRIVATE LIMITED [Active] CIN = U29244KA1979PTC003510

Company & Directors' Information:- L C PACKERS PRIVATE LIMITED [Active] CIN = U25202DL2012PTC241798

Company & Directors' Information:- B S APARTMENTS PVT LTD [Strike Off] CIN = U74999WB1994PTC063548

Company & Directors' Information:- JAIN APARTMENTS PVT LTD [Active] CIN = U45201WB1986PTC040005

Company & Directors' Information:- S R APARTMENTS PRIVATE LIMITED [Amalgamated] CIN = U45201DL1996PTC076102

Company & Directors' Information:- S P A APARTMENTS PVT LTD [Active] CIN = U45400WB1990PTC050045

Company & Directors' Information:- S R MOVERS PVT LTD [Active] CIN = U63031WB1988PTC044863

Company & Directors' Information:- K M D PACKERS PRIVATE LIMITED [Active] CIN = U74950DL2000PTC104742

Company & Directors' Information:- JAIN MOVERS PRIVATE LIMITED [Active] CIN = U63090WB2010PTC151439

Company & Directors' Information:- A G MOVERS PRIVATE LIMITED [Strike Off] CIN = U15542CH1999PTC022472

Company & Directors' Information:- PACKERS INDIA PVT LTD [Active] CIN = U99999MH1985PTC038391

Company & Directors' Information:- Q E D PACKERS PRIVATE LIMITED [Active] CIN = U74950DL2001PTC110725

Company & Directors' Information:- D R APARTMENTS PRIVATE LIMITED [Strike Off] CIN = U45201TZ1993PTC004703

Company & Directors' Information:- S M APARTMENTS PVT LTD [Active] CIN = U45309AS1994PTC003544

Company & Directors' Information:- S S A S PACKERS PRIVATE LIMITED [Active] CIN = U21029WB2012PTC179508

Company & Directors' Information:- C T A MOVERS PVT LTD [Active] CIN = U51103WB1989PTC047754

Company & Directors' Information:- V S APARTMENTS PRIVATE LIMITED [Active] CIN = U45207WB2007PTC121040

Company & Directors' Information:- F 3D PRIVATE LIMITED [Active] CIN = U72900KL2020PTC065906

Company & Directors' Information:- R AND N APARTMENTS PRIVATE LIMITED [Strike Off] CIN = U04520KA1988PTC009090

Company & Directors' Information:- A B APARTMENTS PVT LTD [Active] CIN = U45200CH2006PTC030266

Company & Directors' Information:- A. P. APARTMENTS PRIVATE LIMITED [Active] CIN = U70100WB2010PTC150716

Company & Directors' Information:- APARTMENTS INDIA PVT LTD [Strike Off] CIN = U45201WB1973PTC029079

Company & Directors' Information:- PACKERS AND MOVERS INDIA PRIVATE LIMITED [Strike Off] CIN = U60231PN2000PTC015145

Company & Directors' Information:- MOVERS-N-PACKERS INDIA PRIVATE LIMITED [Strike Off] CIN = U60231PN2000PTC015146

Company & Directors' Information:- J. S. PACKERS PRIVATE LIMITED [Active] CIN = U36991UP1995PTC018211

Company & Directors' Information:- V J MOVERS PRIVATE LIMITED [Strike Off] CIN = U60231DL2004PTC131550

Company & Directors' Information:- J J APARTMENTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC031527

Company & Directors' Information:- PACKERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U14102KA1999PTC024636

Company & Directors' Information:- PACKERS PRIVATE LIMITED [Active] CIN = U21010MH1968PTC014058

Company & Directors' Information:- R I APARTMENTS PVT LTD [Amalgamated] CIN = U70101DL1981PTC011712

Company & Directors' Information:- K B S PACKERS PVT LTD [Strike Off] CIN = U99999UP1972PTC003540

Company & Directors' Information:- D D ASSOCIATED PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1987PTC026329

Company & Directors' Information:- P P APARTMENTS PVT LTD [Strike Off] CIN = U70100MH1980PTC022748

Company & Directors' Information:- ASSOCIATED MOVERS AND PACKERS PRIVATE LIMITED [Strike Off] CIN = U60231TZ2005PTC011938

Company & Directors' Information:- MARIGOLD CORPORATION PRIVATE LIMITED [Strike Off] CIN = U70200PN2013PTC148879

Company & Directors' Information:- S A E MOVERS PRIVATE LIMITED [Active] CIN = U72200PN2001PTC016159

Company & Directors' Information:- A & A PACKERS PRIVATE LIMITED [Active] CIN = U63090UP2011PTC047868

Company & Directors' Information:- S H K PACKERS PRIVATE LIMITED [Strike Off] CIN = U21000HP2013PTC000458

Company & Directors' Information:- J & H APARTMENTS (P) LTD. [Active] CIN = U45201CH2003PTC026110

Company & Directors' Information:- V & V APARTMENTS PRIVATE LIMITED [Active] CIN = U45400DL2007PTC162132

Company & Directors' Information:- T M APARTMENTS PRIVATE LTD [Active] CIN = U74899DL1980PTC010245

Company & Directors' Information:- A A APARTMENTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC038942

Company & Directors' Information:- MOVERS PRIVATE LIMITED [Under Liquidation] CIN = U00349KA1976PTC002985

Company & Directors' Information:- R & R APARTMENTS PVT LTD [Strike Off] CIN = U70101WB1989PTC046583

    First Appeal No. A/11/661 (Arisen out of Order Dated 30/04/2011 in Case No. CC/178/10 of District Thiruvananthapuram)

    Decided On, 20 March 2012

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, THE HONOURABLE SMT. A. RADHA MEMBER

    For the Appellant : T.L. Sreeram, Advocate. For the Respondents : S. Christudas, Advocate.



Judgment Text

SMT. A. RADHA : MEMBER

The appellant is the complainant who came up for enhancement of the award passed by the CDRF, Thiruvananthapuram in CC No.178/10.

2. The case of the complainant is that the complainant entrusted for packing and shifting of two cars and personal belongings with the opposite parties from Thiruvananthapuram to Gurgaon, Haryana on an agreed payment of Rs.40,000/-. It was on assurance that the cars and house hold goods will be sent directly from Thiruvananthapuram to Delhi. It is the case of the complainant that the opposite parties used sub-standard packing materials and the goods received were in damaged condition and certain goods were missing. The complainant requested the opposite parties to make good the loss. There was no response from the side of the opposite parties. The damage and the theft of articles caused loss amounting to Rs.81,013/- and the complaint is filed claiming compensation and cost by the complainant.

3. After filing the version the opposite parties adduced no evidence, nor cross examined the complainant and hence the complainant’s case stands uncontraverted. The complainant adduced evidence as PW1 and documents P1 to P10(c) filed. On the basis of evidence and documents, the Forum below allowed the complaint.

4. The learned counsel for the appellant submitted before us that the compensation and cost awarded is very low and the appeal is filed for enhancement of the award amount. It is the submission of the counsel that the complainant had to appear in person before the Forum below from Delhi to Thiruvananthapuram. The actual expenses including travel expenses came to Rs.37,854/- and further the mental agony is to be compensated appropriately.

5. The counsel for the respondent represented and resisted the arguments of the appellant.

6. Heard both the counsel for the parties and gone through the documents. The respondents have not filed appeal against the impugned order of the Lower Forum and so the respondents/opposite parties have to confine their arguments to that extent. Further the respondent after filing version remained exparte before the Forum below.

7. This commission find force in the submission made by the counsel for the appellant that the complainant was present in person to contest before the Forum travelling from Delhito Thiruvananthapuram twice and also produced the documents. The expenses incurred by him were submitted along with a letter dated: 23.4.11 by the complainant/appellant with relevant documents on expenses before the Forum below which was not considered. The complainant’s evidence and documents were already marked on 12.11.10 and was taken for orders on 30.4.2011. No petition is seen filed to accept the additional documents with affidavit filed by the complainant nor re-opened the evidence. So the additional documents were not considered by the Forum below and no infirmity is found in this regard. In the interest of Justice this commission is of the view that the expenses incurred is justifiable on the ground that the complainant himself was present to file the complaint and was present in person for evidence from Delhi to Thiruvananthapuram is itself evident. This was occasioned due to the deficiency in service of the respondents/opposite parties and hence awarded an amount of Rs.10,000

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/- to the complainant towards cost in addition to the award of the Forum below.In the result, appeal is allowed. This commission uphold the order of the Lower Forum and also direct the respondents to pay an additional amount of Rs.10,000/- towards the cost to the appellant/complainant. Office is directed to send a copy of this order to the Lower Forum with the LCR.
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