Car not delivered by movers and packers
Sir, I have transported my car (i20 elite HR 26 CP 6858) from Gurgaon to Pune through Hindustan Packers and Movers on 22-Oct-2016.They told me that they will load it in a day or two and it will be delivered to me within 7 days after loading. He asked me to pay full amount as they need it in car transportation, Thus I did. On calling them on 27 Oct, Mr Pradeep (9999066617, email: email@example.com) told me that it is not loaded yet and On 2nd Nov 2016 he told me that he has loaded the car and confirmed to me that it will be delivered to me in Pune by 9th Nov.But my car has not delivered till today i.e. 18th Nov I call them daily and they tell me that it will be delivered tomorrow. On 12th Nov 2016 he told me that Container has arrived in Pune and your car will be delivered today, But on 17th Nov he told me that container has not reached to Pune and it is standing 100 KM away from Pune and It will reach tomorrow. Now, he is avoiding to pick my calls.Please help
Sir, the indifferent attitude and continued ignorance of your calls points towards a deceitful intention on part of the Movers. As your car, has been delayed way beyond the time mentioned in the agreement, you must immediately take the receipt of transaction and car documents and approach the police station on relevant jurisdiction to register a complaint.
The police may not directly register an FIR as the matter can be solved with an unofficial enquiry, but once a prima facie deceit is proved then the police will register an FIR against the company under Section 421 of the Indian Penal Code which talk about fraud. It is an established principle of law that if something belonging to a rightful owner is wrongfully withheld from him it will be called as fraud. Once this is done police will apprehend and produce the company in court after which proceedings will start.
Dear Anshul Agarwal
First of all I want to know whether you have take insurance for transporting such goods in your case –your personal car. If yes
Then on proof of loss (due theft/accident or otherwise as to facts about your car) you immediately put your claim before the insurance claim department along with filing FIR to police station for proper investigation and submitting their report to the court.
Apart from this you can also file a suit against M & P, for the loss of car before appropriate civil court against the common carrier for negligence or criminal acts of themselves, their servants or agents under Carriage by Road Act, 2007 for claiming damages.
Secondly if your car is only transported by engaging the movers and packers service;
Then certainly your are consumer under the Consumer protection Act, 1986 for which you can file suitable consumer complaint against the said M & P for indulging in unfair trade practice and deficiency in service.
It is more so a fast and less expensive remedy available to you in addition to filing civil suit.
You require to:
1. prove – payment of certain amount - i.e consideration is paid by you – Receipt/cash memo etc.
2. Loss of car (missing/theft/damage etc).
3. Date and event in sequence.
You have to take in to consideration that consumer forum have powers to allow claim of damages plus some amount to wards legal cost and mental harassment also.
Thus if after waiting for few more days, if no response is coming then certainly file a missing complaint before the police station and file consumer complaint for claiming damages.
Author is Mumbai based Advocate for Redressal of consumer grievances.
First, send him a legal notice directing him to deliver your car within a certain period. Secondly, in case of their failure to deliver the car within the specified time, initiate a consumer complaint.
Please feel free to get in touch for any clarifications.
Thanks and Regards
Dear Mr. Agarwal,
All the events as described by you indicate that the Packers and Movers Company can be made liable for deficiency of service. You can immediately send a Legal Notice and if they don't respond appropriately you may approach the concerned Consumer Court for redressal of your grievance. Advice is to send a well drafted legal notice at the earliest.
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