CONSUMER COMPLAINT FORM

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM RANCHI

To,

The President,

District Consumer Forum, Ranchi

Ranchi

1) Name and address of the Complainant : Mr. Vineet Madani, 304

Panchwati Garden, Bariatu road, Ranchi- 384010

2) Name and address of the Opposite Party:

i. Agarwal Packers & Movers (A unit of DRS Logistics Pvt. Ltd.),

through authorized representative Mr. Anish Kumar Singh house
No.286, Namita Niwas, Hazaribag Road, Shivaji Nagar,
Dumargaga, NH-33, Near TATA Motors (Bhudhiya Agency), Beside
ICICI Bank, Booti More, Ranchi, Pin code :- 835217.

Email: - ranchi @drsindia.in

Contact No.: 9304026396

ii. Agarwal Packers & Movers (A unit of DRS Logistics Pvt.

Ltd.)through field officer Mr. Jaipal C2 Sapna Apartment Thaltej,
Ahmedabad-380059

Email: ahmedabad@drsindia.in

Contact No.: 9376160344

 iii. Agarwal Packers & Movers (A unit of DRS Logistics Pvt. Ltd.)
through Director Mr. A.K. Agarwal 321, Kabra Complex, 61 MG
Road, Secunderabad- 500003, Andhra Pradesh, INDIA.

Email: ak@apmdrs.in

Contact No.: 04039818828

3) Details of goods/service for which Complainant petition is being filed:

1) A 2 seater Sofa (Part of 5 seater sofa set)
2) 2 Almira damaged. Since leg of almira damaged hence
unsuable anymore.
3) Most of the boxes were torn and food items were leaking
(rice, Jeera, Masala etc.)
4) Minor damage on bed.
5) Cost incurred as against leave.
6) Hotel/guest house expenses.

4) Synopsis of Complaint: That the case of the complainant in brief is that the
complainant being consumer under section 2-D of the consumer Protection Act,
1986, the complainant had booked the services of Agarwal Packers and Movers
for transfer of his household items from Ahmedabad to Ranchi on 5.06.2018 for
which the Opposite party No.1 had confirmed that the delivery will be made in
7 days on 13.06.2018 in his email dated 05.06.2018. Such materials were
packed and collected by Opposite party on 6thjune vide GC number 4601251.
The basis on which complainant had selected opposite parties service was their
commitment to deliver in 7 days. However, materials were delivered with a
delay of 3 days on 17.06.2018 in a very bad and unprofessional condition. The
complainant had been trying to be in continuous contact with the opposite party
via emails. On 12.06.2018, the complainant had written an email to the
opposite party inquiring about the status of his consignment to which the
opposite party No.1 had replied on the same date that the consignment had
arrived at Patna and will dispatch soon for Ranchi. Again on 13.06.2018
complainant wrote an email confirming the delivery of his households;
nevertheless the opposite party didn’t care to respond to such mail. The
complainant had sent several query emails as to the non-delivery of his
materials but there have only been false promises. Consecutively on
14.06.2018 the complainant had sent yet another mail to the opposite party
describing the discomforts that he along with his family had to face due to the
delay in service on the part of the opposite party. In reply to this email dated
14.06.2018 the opposite party has again promised that the consignment had
reached at Patna and will soon dispatch for Ranchi, the default in the services of
the opposite party can be easily traced by the email because earlier in their
email dated 12.06.2018 they had made exactly same promise. After being
exasperated by the no delivery of his households on 16.06.2018 the complainant
sent another email to the opposite party describing his grievances and claiming
his entire payment of Rs 90,000/- back along with material and car, to which
there hadn’t been any reply from the opposite party. Apart from this there have
been persistent instances of unprofessional behavior by the opposite party
which mainly counts for non-picking of complainants call, not providing proper
update of the actual status of the materials, no response regarding missing items
for 2 consecutive days and the request for claim hadn’t been processed. An
email stating the total loss incurred by the complainant in monetary terms has
been sent to the opposite party dated 17.06.2018 to which no reply has come
from the opposite party. Finally on 18.06.2018 after a delay of 4 days the
consignment reached Ranchi in a very bad and unprofessional condition.
Moreover a 2 seater Sofa, 2 Almiras, bed and most of the boxes and food items
were destroyed making them unusable. The complainant had sent another email
dated 17.06.2018 as a notice stating his grievances about the ruined conditions
of the households and the unprofessional and unethical behavior by the opposite
party also describing the inconvenience caused to him and his family, and to
provide a proper explanation and to pay an insurance claim of Rs.1, 00,000 in
the next 5 days. The complainant and his family had not just suffered pecuniary
loss but also had to suffer a lot of mental harassment due to opposite parties
unethical and immoral behavior furthermore the delay in delivery of material
has caused inconvenience to small kids and aged mother. Besides this the
complainant had taken 3 days leave from his office which he had to extend for
another 2 days.
5) Value of Goods/Services :
a. 2 Seater Sofa seat costing Rs.60, 000.
b. 2 Almira costing Rs. 20000

6) Date of Cause of Action: 02/06/2018, 04/06/2018, 05/06/2018, 06/06/2018,

07/06/2018, 08/06/2018, 12/06/2018, 13/06/2018, 14/06/2018, 15/06/2018,
16/06/2018, 17/06/2018, 18/06/2018, 26/06/2018.

7) Details of Cash Memo Receipt etc., if any:

a. Photocopy of Quotation No.4441752 dated 02.06.2018.
b. Photocopy of Bill No. DRS/AHMD/4563441/18.
c. Photocopy of receipt dated 06.06.2018
d. Photocopy of list of items vide G.C No. 4601251 dated
06.06.2018.
e. Photocopy of Car receipt vide G.C No. 4601251 dated
06.06.2018.

8) Evidence/Witness Favour of the Complaint :

a. Picture of broken Almirah.
b. Picture of destroyed food items.
c. Picture of broken Almirah.
d. Picture of destroyed food items.
e. Emails dated 04. 06.2018, 05.06.2018, 08. 06.2018, 12.
06.2018, 13.06.2018, 14.06.2018, 15. 13.06.2018,
14.06.2018, 16.06.2018, 17.06.2018, 16.06.2018,
17.06.2018, 18.06.2018.
f. Official leave extension email dated 26.06.2018.
g. Photocopy of Insurance Contract.
9) Attempt made for settlement: No, however a legal notice via email was sent to
the opposite party dated 18.06.2018 to which no reply has come from the
opposite party.

10) Claimed value :

a. Broken Almirah and Sofa: 60,000
b. Destroyed food items: 40,000
c. Cost incurred as against leave and hotel/guest House expenses: 20,000
d. Mental Agony and Harassment: 1,00,000
e. Cost of litigation if any: 20,000

11) Prayer: That in the instant complaint case, the complainant prays for
direction upon the opposite parties to pay him the cost of his damaged articles
including cost incurred as against leave, hotel/guest house expenses and
compensation with litigation cost amounting to Rs. 2, 40,000/- with statutory
interest from the date of institution of the case till the actual date of payment on
account of gross deficiency in service on the part of the opposite parties.
And
Pass such other orders as your honour may deem fit and proper in the facts
and circumstances of the case. And for this the complainant shall ever pray.
12) Whether any case is pending in any other Court In this regard: No.

13) Court Fee details :

I.P.O No. ……………………………………………………………….
Date ……………………………………………………………………….
Amount ………………………………………………………………….
 List of Documents:-

Serial No. Document

1. Quotation dated
02.06.2018.
2. Email from opposite
Party dated
04.06.2018.
3. Email from opposite
Party 05.06.2018.
4. Photocopy of Bill
dated 06.062018.
5. Photocopy of receipts
dated 06.06.2018
6. Picture of Broken
Almirah.
7. Picture of Destroyed
Food items.
8. Photocopy of list of
items dated
06.06.2018.
9. Photocopy of Payment
Receipt dated
06.06.2018
10. Photocopy of
Accessory Declaration
dated 06.06.2018.
11. Photocopy of
Insurance contract.
12. Email from
complainant dated
08.06.2018
13. Email from
Complainant
12.06.2018.
14. Reply email from
opposite party dated
12.06.2018.
15. Email from
complainant dated
13.06.2018
16. Email from
complainant dated
14.06.2018.
17. Reply email from
opposite party dated
14.06.2018
18. Email from opposite
party to Group head
Admin of Arvind
Limited dated
16.06.2018.
19. Email from opposite
party with legal notice
dated 17.06.2018.
 AFFIDAVIT

I, Mr. Vineet Madani, son of 304, resident of Panchwati Garden, Bariatu road,
District Ranchi- 384010, Jharkhand, do hereby solemnly affirm and state as
follows:-
1. That I am the complainant in this case and am well acquainted with the facts
and circumstances of this case.
2. That the contents of this petition and its affidavit have been read over and
explained to me in Hindi which has been understood by me.
3. That the statements made in paragraphs __________________ are true to
my knowledge and those made in paragraphs _____________________ are
true to my information and derived from relevant records of this case and the
statement made in rest of the paragraphs are my humble submissions before
this learned forum.
4. That the annexures are the photo copies/ true copies of their respective
original.
Verified, signed and sworn this affidavit at the premises of Hon’ble Court of
Jharkhand at Ranchi on this____ day of July, 2018.