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Chennai Packers & Movers, Represented by its Manager, JPR Palace v/s C.S. Ramadoss & Others


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:- R. D. PALACE PVT LTD [Active] CIN = U45201PB1990PTC010471

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:- 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:- PALACE INDIA LIMITED [Active] CIN = U74899DL1995PLC066720

Company & Directors' Information:- R. B. PALACE PRIVATE LIMITED [Active] CIN = U55101CT2007PTC020264

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:- J. J. R PALACE PRIVATE LIMITED [Active] CIN = U55101UP2018PTC108923

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:- PACKERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U14102KA1999PTC024636

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

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

Company & Directors' Information:- JPR PRIVATE LIMITED [Active] CIN = U93000MH2016PTC273430

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:- CS INDIA PRIVATE LIMITED [Strike Off] CIN = U72200DL2013FTC250625

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

    F.A.No. 376 of 2013

    Decided On, 08 October 2014

    At, Tamil Nadu State Consumer Disputes Redressal Commission Chennai

    By, THE HONOURABLE MR. J. JAYARAM
    By, PRESIDING JUDICIAL MEMBER & THE HONOURABLE MRS. P. BAKIYAVATHI
    By, MEMBER

    For the Appellant: M/s. Devadoss & Sagar, Advocate. For the Respondents: Party in person, Publication made, Called - absent.



Judgment Text

J. Jayaram, Judicial Member

This appeal is filed by the 1st opposite party against the order of the District Consumer Disputes Redressal Forum, Chennai [North] in C.C.68/2011, dated 05-06-2013, allowing the complaint.

2. The case of the complainants is that the 1st complainant booked two numbers of Kurl-on Mattresses, each valued at Rs.4,000/- on 01-04-2010 to be dispatched to the 2nd complainant at Pune and the 1st opposite party promised to deliver the goods to the 2nd complainant within a week or 10 days, but it was not delivered. On contacting the opposite parties several times, a parcel was delivered to the 2nd complainant in June 2010 after nearly 3 months from the date of booking the consignment. On opening the parcels, the 2nd complainant found that the mattresses booked and the mattresses received were entirely different. The mattresses booked was Kurl-on; whereas the mattresses delivered was Sulfex, and further the mattresses were blood-stained and soaked in soil, and further the delivered mattresses were wrapped in a old saree. Again on contacting the opposite parties, the 2nd opposite party’s representative collected the mattresses from the 2nd complainant and issued a receipt on 13-06-2010. The opposite parties did not deliver the booked consignment to the 2nd complainant. This amounts to deficiency in service on the part of the opposite parties, and hence the complaint.

3. According to the opposite parties, the 1st complainant booked two mattresses with them to be delivered at Pune which were delivered to the 2nd complainant at Pune, and the 2nd complainant returned the mattresses to them after a lapse of 6 days from the date of delivery of the mattresses for the reason that the booked mattresses were different from the mattresses that were delivered, and there is no deficiency on their part.

4. The District Forum considered the rival contentions and allowed the complaint holding that there is deficiency in service on the part of the opposite parties and passed an order directing the opposite parties to pay Rs.4,000/- to the complainants with interest at the rate of 9% p.a. from 01-04-2010, the date of booking, as in Ex.A1, till the date of payment and to pay compensation of Rs.10,000/- for mental agony and to pay costs of Rs.2,000/-. Aggrieved by the impugned order, the 1st opposite party preferred this appeal.

5. Admittedly, the 1st complainant booked two Kurl-on mattresses on 01-04-2010 to be delivered to the 2nd complainant at Pune, and a parcel was delivered to the 2nd complainant at Pune in June, 2010 after 3 months from the date of consignment. Further, it is pertinent to note that the mattresses delivered to the 2nd complainant at Pune were different from the mattresses booked by the 1st complainant and on the complaint made by the 2nd complainant, the mattresses were collected by the 2nd opposite party from the 2nd complainant under receipt Ex.A3, dated 14-06-2010 but the opposite party did not return the delivered the consigned mattresses to the complainants. The deficiency in service on the part of the opposite parties is well established.

6. The District Forum has allowed the complaint holding that there is deficiency in service on the part of the opposite parties, and has passed an order to pay a sum of Rs.4,000/- to the complainants with interest at the rate 9% p.a. from the date of booking vide Ex.A1, dated 1-4-2010 till the date of payment, and to pay compensation of Rs.10,000/- for mental agony with costs of Rs.2,000/-.

7. On consideration of the entire materials on record, we hold that there is deficiency in service on the part of the opposite parties. The submissions made by the appellant are untenable, and there is no merit in the appeal.

8. The District Forum has come to the conclusion that there is deficiency in service on the part of the opposite parties. However, we feel that the award of interest in the order of the District Forum is unwarranted and

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that the compensation of Rs.10,000/- for mental agony is on the higher side. Therefore, the order of the District Forum has to be modified accordingly. 9. In the result, the appeal is partly allowed modifying the order of the District Forum by setting aside the direction to pay interest and reducing the compensation to Rs.5,000/- (Rupees Five Thousand only), and confirming the rest of the order. No order as to costs in the appeal.
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