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Aryan (Engineer)     02 May 2014

Fraud packers

Hello,

I have taken the services of a packer for shifting my luggage. I haven't received all the items. I contacted him and told him that I need my luggage or return my money worth those items. He said he will revert back and now that guy is not even receiving my calls. When I call him from other numbers he receives the call and then gives lame excuses and again don't receive the call.

 

What action can I take against him? I'm very much fed up now as lot of my time has been wasted. I have moved to a different city now so can't go to him there personally. I want to take a strict action against him at any cost. Please help.



Learning

 9 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     02 May 2014

Approach the nearest police station and file complaint....

Aryan (Engineer)     02 May 2014

The packers is of Pune. So, all the deal has been done from Pune. Now I'm in Bangalore. Can I file complaint in Bangalore for that or do I need to file complaint in Pune? (It will be difficult for me to go to Pune)

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 May 2014

Besides police complaint, Arrange to send a legal notice to the packer with full correct address enable to reach them with contact phone nos. etc. The legal notice must be clear and specific for loss of damages give one week time to them for response  OR  file a complaint in consumer forum in Pune.

Advocate Ravinder (Advocate/Attorney)     03 May 2014

Sec. 11(2) of the Consumer Protection Act deals with Territorial Jurisdiction.  You have to go to the Pune where the Opposite party is residing, doing business and also cause of action created.  You cannot file in Bangalore.  To my knowledge, criminal case will not attract to your case.  You have to file only consumer case, where you can claim damages also.  Before filing consumer case send him legal notice.  Let us see what he says.  If you wont get any response then go for consumer case. For any other doubts contract me 7893011777 or ravinder2345@gmail.com

K.K.Ganguly (Advocate)     03 May 2014

1. It is a norm to get the transit of the goods insured for any eventual loss in transit. The packer does it to safe guard his interest to safeguard his liability,

 

2. All such terms & conditions are mentioned in the booking form or goods receipt form issued by the packer,

 

3. If  part of the consignment is lost, the packer should ascertain the cost of such goods from you and apply to the Insurance Company for reimbursement & pay you the money,

 

4. File a police complaint against the packer for his  not delivering the goods to you at Bangalore police station,

 

5. Lodge a complaint case before the Bangalore District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming cost of the goods lost, damage & cost.

 

 

Advocate Ravinder (Advocate/Attorney)     03 May 2014

@Ganguly Sir,

Kindly explain how did the consumer get territorial jurisdiction in Bangalore Both for Police complaint and consumer case. The consumer is concerned with the packer only and not with insurer.  In what way this aspect will help the consumer to gain territorial jurisdiction to file the above case and complaint. 

K.K.Ganguly (Advocate)     03 May 2014

1. You are right to point out  the territorial jurisdiction which in normal course should have been Pune,

 

2. However, in the instant case the packer's  service includes not only packing but transporting to Bangalore also for which it is expected to have its office at Bangalore thus determining the Forum jurisdiction at Bangalore. Moreover, all reputed packers have office at Bangalore & if the said packer has an office at Bangalore, the querist can file the complaint case at Consumer Forum at Bangalore, even if the packer has transported the goods through some independent transported,

 

3. The fact is that part of  the godds have not been lost during packing at Pune but has not been delivered at Bangalore & for delivering the goods at Bangalore, the goods were transported to Bangalore,  

 

4.   The consumer case will not be filed against the insurer. The aspect of insurance has been mentioned to ensure that the querist talks to the Packer for the insurance claim & if the Packer has not insured the transhipment of goods despite writing in the Booking Form and/or  collecting money for the same, it will be another vital point for the querist to approach Consumer Forum.  

T. Kalaiselvan, Advocate (Advocate)     05 May 2014

Agreed  with Mr.Ganguly, the territorial jurisdiction will lie at Bangalore itself because the end user is at Bangalore and the services rendered are supposedly to terminate at Bangalore, hence after a legal notice, a consumer case with the District forum Bangalore will be maintainable.

Aryan (Engineer)     08 May 2014

Thanks all for the response. @Ganguly sir: the packer has told me earlier that they have an office at Bangalore but I have received the luggage through some independent transporter. So, it could be that he has no office in Bangalore (though it's mentioned on his website). In this case also can I file the case against him in Bangalore? Would it be that I have to file the case against the independent Bangalore transporter? or I can file the case against Pune packers also from Bangalore?

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