Gwalior Consumer Forum News Damage to goods is deficiency in service so 30 thousand should be given as compensation

Gwalior Consumer Forum News: Gwalior.Naiduniya Rep. The District Consumer Disputes Redressal Forum has considered damage to the goods as deficiency in service. It is the responsibility of the transporter that the goods do not get damaged after loading. The transporter will have to pay Rs 30,000 as compensation. This amount will have to be given within 30 days, if the money is not paid within 30 days, then it will have to be given with 8 percent interest. Transport had not served the notice of the Forum, due to which ex-parte order has been given.

Major Rahul Kumar was transferred from Gopalpura in Orissa to Gwalior. He had booked Hindustan Transport Gopalganj to bring his household items to Gwalior. The fare was fixed at Rs 35,000. On July 21, 2019, two hours after the scheduled time, a truck was sent to his residence to load the goods. Half the truck was loaded with the other’s belongings. Due to this, the goods were loaded with great difficulty in the truck. When the goods reached Gwalior, the car, sofa, fridge, RO, other items were damaged. Complained about it in the police station. The truck was seized at the police station. To get the truck released, the transporter agreed to get the damaged goods repaired for 55 thousand. He later backtracked from his words. The transporter started saying that the truck driver and owner are responsible for the damaged goods. Major Rahul Kumar filed complaint in consumer forum. Notice was sent to Hindustan Transporter in Gopalganj Orissa, they refused to serve the notice. Due to this the Forum had to give an ex parte decision.

Forum considered these points

The transporter has damaged the goods. Failure to pay the compensation sought by the complainant after the damage is considered as deficiency in service. The Forum admitted that the amount spent in repairing the damaged goods, has not been billed or assessed. There is no credible evidence of damage.

– The complainant himself has written that 55 thousand was agreed in return for the damaged goods. In this case a complaint was also registered in the Murar police station, which the appellant has not denied.

The complaint of the complainant is partly accepted. It would be appropriate to get 30 thousand rupees as compensation. The complainant had deducted Rs 7 thousand from the rent. This amount will be adjusted in Rs. 23 thousand rupees will have to be paid in 30 days.

– The complainant has suffered mental distress, for that 2 thousand rupees will have to be paid separately. 1500 rupees will be given for fighting the case.

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