Judgments on Movers/Packers

M/s Aggarwal Packers vs. Alok Chaturvedi dated 2011-05-03
The brief facts are that Complainant-respondent who was earlier posted at Kochi was transferred to Chandigarh and had hired the services of petitioner No.1 for transportation of his car as well as other household luggage from Kochi to Chandigarh. The car and luggage were to be carried separately. One of the conditions on which the luggage was booked with petitioner No.1 was that the luggage would not be shifted from one vehicle to another during transit and petitioner had agreed to the said term. read more +

Aggarwal Packers and Movers vs. Renu Sharma dated 2011-05-02
Briefly stated, the facts of this case are that the complainant, respondent herein, hired the services of the petitioner/OP for transportation of household goods from Bangalore to Gurgaon. As per the agreement, the petitioner/OP was to pack all goods in Bangalore and unpack them at Gurgaon at the time of delivery. The complainant paid the amount of transportation charges by two cheques dated 29.10.2006 each amounting to Rs.62,150/- and Rs.10,450/- respectively. The consignment was also insured after payment of additional sum of 3%. The petitioner/OP delivered the goods to the respondent at Gurgaon on 04.11.2006 but the respondent was shocked to find that many of the articles were badly damaged and some of the items were found missing. The respondent, therefore, lodged a complaint with the petitioner/OP. Representatives of the petitioner visited the residence of respondent on 06.11.2006 and according to the respondent, the representatives were apprised of the estimated loss and they assured the respondent regarding suitable compensation. Eventually, the complainant/respondent had to approach the consumer fora by lodging a complaint. On being noticed, the petitioner/OP resisted the complaint and also objected to the territorial jurisdiction of the District Forum. It denied any deficiency in service on its part and prayed for dismissal of the complaint. On appraisal of the issues and the evidence adduced before it, the District Forum vide its order dated 19.2.2008 rejected the objection taken by the petitioner/OP in respect of the territorial jurisdiction and the District Forum while accepting the complaint held the OP guilty of deficiency of service and hence directed it to pay a sum of Rs.20,000/- on account of loss in respect of goods mentioned in Annexure E of the complaint and also to pay a sum of Rs.5,000/- as cost of litigation to the complainant. While no appeal was filed by the petitioner/OP challenging the order of the District Forum, the respondent/complainant not feeling satisfied with the amount of compensation, approached the State Commission by filing an appeal for enhancing the compensation towards loss in respect of goods transported. The State Commission vide its order dated 06.04.2009 while upholding the finding of the District Forum regarding territorial jurisdiction and deficiency in service on the part of the petitioner/OP, allowed the appeal and modified the order of the District Forum to the extent that the amount of compensation was enhanced to Rs.50,000/- as a lump sum amount including compensation for loss and for mental agony, harassment, etc. as well as the cost of litigation. The present revision petition has been filed to challenge this order of the State Commission. read more +

By way of present revision petition, there is challenge to orders dated 9.3.2006, 25.4.2006 and 14.2.2007 passed by District Consumer Disputes Redressal Forum, (Urban) Bangalore (for short ‘District Forum’) and Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short ‘State Commission’) respectively. 2. The brief facts of the case are that respondent No.1/ complainant filed a complaint under Section 12 of Consumer Protection Act, 1986 (for short ‘Act’) seeking compensation of Rs.6 lakhs on the allegations of deficiency in service. read more +