Cheating by chennai packers and movers
srinivas
(Querist) 04 July 2013
This query is : Resolved
I had booked my household items by chennai movers n packers from mumbai to meghalaya on the 31st of may ltr nos 2100 and they had promised delivery on the
12th of june.
I once again had followed up with them from Mumbai on the 12th but their representative Mr Vinod cell nos 09987440011 told me that it will reach by the 14th.
Since time was a very important factor and also since no one would be at Meghalaya, I took a special flight to Guwahati and Meghalaya to collect the goods.
We were in for a rude shock as the Chennai guy was not responding and not picking up calls and then he put us through to Mr Shukla cell nos 9322154093 to who the consignment was subleased or rather he was the middle man who actually had to book the consignment and send it across.
Mr shukla kept on promising that the consigment will reach the next day until the 21st of June. Everyday there were false promises that the truck driver is absconding and the truck is marooned in guwahati. Then Shukla told me to speak to Sanjay Singh cell nos the transporter i.e SS logistic, who have a office in kashemera in Thane .
He too lied thru his teeth and told us that the consignment has reached and will reach in one day right from sunday the 16th of June.
The consignment finally reached in shillong and it had to be picked up from the border as the transporter has loaded it in another vehicle! We had to pay 5k additional charges to unload and deliver it to the home and also unpack it!
Adding to the misery EACH AND EVERY ITEM WAS DAMAGED AND MASSIVE DAMAGED WAS DONE TO THE GYM MACHINE WHICH WAS WORTH 25K AND 6 CARTONS ALONG WITH THE WHIRLPOOL WASHING MACHINE IS STILL MISSING.ALL THE CARTONS WERE WET AND TORN AND MANY OF THE ITEMS WERE STOLEN.
Chennai movers and packers were saying we have given you the nos of Shukla to follow up, Shukla had given me the drivers nos of SS logistic to follow up and both were saying that its your job to follow up
They have traced the washing machine and its LYING IN GUWAHATI but no one knows the condition of it till now. Also the six cartons which were missing were of Handbags, expensive clothes and shoes.
We need the compensation for the mental trauma, damaged goods and also a refund by the movers and packers. We have in total paid an amount of 54k to chennai packers and 5k paid to the loaders in Shillong. almost 60k has only been spent for moving the goods. The entire unpacking was done by us at home. There were no person of the movers and packers when the consignment came to Shillong.
The damages and the missing items are worth almost 70k.
The Gym machine, TV unit and many of the items are completely smashed. I have even sent a mail to vinod on his personal ID but everyday he says he hasn't received it. Their office is in Airoli Mumbai
Kindly let me know on what should be the next course of action. Also they are not giving any insurance copy and have already claimed money to the tune of 5k against the goods
Dr. Jyothi Vishwanath
(Expert) 04 July 2013
Approach against the Chennai movers and packers in consumer court as there is deficiency of service on their part. Again there is not much court fee in consumer court and it takes comparatively less time for decisions there.
Keep all paper documents intact for production in the court.
Raj Kumar Makkad
(Expert) 04 July 2013
You should even file a police complaint and thereafter should file a consumer complaint for the deficiency of service and loss of items with mental agony and economic losses.
Advocate Bhartesh goyal
(Expert) 05 July 2013
File complaint against movers n packers before District Consumer Redressal Forum claim therein price of lost goods and also claim compensation towards mental and physical agony caused to you.you may also lodge FIR against movers n packers.
srinivas
(Querist) 05 July 2013
Thanks a ton all of you. I also need to know what should be the first step. Should I first file a complain in the local police station
ajay sethi
(Expert) 05 July 2013
no issue legal notice . then move consumer forum for deficency in service and seek compensation
srinivas
(Querist) 05 July 2013
SIr, so you are saying that I should file a legal case against them and then file a FIR in the police station? Also the chennai movers have been threatening that they might take me to court for case of harassment. I suspect they will resort to goondaism too.
srinivas
(Querist) 05 July 2013
Also can I kindly know the procedure to file a case in the consumer court?
srinivas
(Querist) 05 July 2013
SIr, so you are saying that I should file a legal case against them and then file a FIR in the police station? Also the chennai movers have been threatening that they might take me to court for case of harassment. I suspect they will resort to goondaism too.
R.K Nanda
(Expert) 05 July 2013
contact local lawyer.
Rajendra K Goyal
(Expert) 05 July 2013
Well advised by the experts, for further steps contact local lawyer.
Raj Kumar Makkad
(Expert) 05 July 2013
The packers are making a pressure over your body and mind. Come out of it and take legal acion as rightly advised to you.
srinivas
(Querist) 22 July 2013
Dear All, first and foremost thanks to all of you for your kind gesture and advising me. I have been promised compensation verbally by the movers and packers for almost a week but now it seems that they have gone back to their old tactics.
I have decided on filing a case in the consumer court. I had told the chennai guy about it but he took it very casually and had told me that even they can file a civil suit against me for defamation. They have also started threatening in a subdued manner.
should I first file a case with the local cops about it
srinivas
(Querist) 22 July 2013
Also what's the procedure to file a civil suit against these guys as my washing machine and 6 cartons still haven't reached
Dr. Jyothi Vishwanath
(Expert) 23 July 2013
You are wasting your time and making your case weak. File police complaint immediately and file case in consumer forum. With passage of time, the movers and packers company will feel you are simply talking and will not do anything. Don't worry about their defamation case. They have to prove it in the court of law. Proving defamation is tough.
srinivas
(Querist) 23 July 2013
Thanks a ton Dr Jyothi for your feedback. I am filing a case immediately in the consumer court and also will file a case in the police station. only question is should I file a police complaint in my area or should it be in the area where the movers n packers are situated
Raj Kumar Makkad
(Expert) 23 July 2013
You took about 19 days to read the replies of the experts and are claiming filing cases immediately??????
Dr. Jyothi Vishwanath
(Expert) 23 July 2013
Right now where is your house, that jurisdiction police station you file the FIR.
srinivas
(Querist) 23 July 2013
Thanks a Ton Dr Jyothi and Mr Raj sir. one last question is that my current residence now is kolkatta and I had transported the good from Bandra Mumbai to Meghalaya. Should I file in Mumbai bandra or in Kolkatta about the fraud
srinivas
(Querist) 23 July 2013
am also sorry for bothering all of you and I appreciate your humbleness in answering and helping me out
srinivas
(Querist) 23 July 2013
Dr Jyothi, can you please help me with my last query
Dr. Jyothi Vishwanath
(Expert) 24 July 2013
And also check if in any written agreement is there, what jurisdiction they have mentioned.
prabhakar singh
(Expert) 24 July 2013
Jurisdiction to file consumer complaint would be either the place from where the consignment was booked or was to be delivered or where defendant resides or carry on business .
An FIR is lodged in jurisdiction of police station crime was committed.
srinivas
(Querist) 24 July 2013
Thanks a ton all of you. The office of the CHennai guy is in Airoli, so I will file a case in AIroli Mumbai
Dr. Jyothi Vishwanath
(Expert) 24 July 2013
Mumbai, Chennai, Calcutta = Anywhere you can file
See your convenience
srinivas
(Querist) 26 July 2013
Dear All, thanks to your advice, I have already filed a police case against the movers and packers in the local police station.
The bill copy of their transport says its subject to chennai jurisdication, so do I have to file a consumer case in chennai? Can't I do it in Mumbai?
Dr. Jyothi Vishwanath
(Expert) 26 July 2013
You file in Calcutta or Mumbai. If they have any problem, they will raise it in the court as jurisdiction issue. At that time your advocate can raise objections to their plea.
srinivas
(Querist) 26 July 2013
Thanks a ton Dr Jyothi. I also would need some help in filing this case, do I have to do it through a proper lawyer or can I do it on my own. few people told me I can file it on my own.
Dr. Jyothi Vishwanath
(Expert) 26 July 2013
You can file it on your own. In consumer court, advocate is not necessary. But since advocate can better understand the legal issues, it is always better that you hire an advocate.
srinivas
(Querist) 26 July 2013
Thanks a ton Madam for your kind advice.
srinivas
(Querist) 15 October 2013
Hi Advocate Ajay Sethi,
As advised by all of you, I had sent a legal notice to which they replied that they have it in their fine print that the transporter will not be responsible for any loss of goods during moving. Also the guy from who I had booked the consignment is absconding.
I need to know sir on what should be the next step. My advocate too has gone on leave for some days as his parents have expired in a accident. Also their invoice states that everything is restricted to chennai jurisdication
ajay sethi
(Expert) 15 October 2013
that is standard defence raised .now you file complaint before consumer forum for deficiency in service and for compensation .wait for your lawyer to come back
srinivas
(Querist) 15 October 2013
Thanks sir, I also need to ask is that if their invoice says that its all subject to chennai jurisdication do I have to file a case there?
ALso will it hamper my defence if they say that their person is no longer working with them
ajay sethi
(Expert) 15 October 2013
part of cause of action has arisen in mumbai wherein consignment was booked and loaded . you can file in mumbai or chennai .
the defense will be raised that it ought to have been filed in chennai as per the invoice terms and conditions . to be on safer side file in chennai
the fact that concerned person has left job is immaterial
srinivas
(Querist) 14 November 2013
Dear Sir/madam,
I had been following the case thru my lawyer in chennai, and they had sent a legal notice again and the chennai movers and packers had responded that I had asked for an initial amount of 45k against the deficiency of the service and they will pay the same amount.
I had sent a reply notice stating that the amount which was disputed was around 80k and I had agreed on this amount subject to me receiving the washing machine which still hasn't come. I told them I am ok with an out of court settlement with 52k. Now there's a stoic silence from their lawyers and at their end.
First they had assured me that they will pay me 45k now they are mainitaining a stoic silence on this matter. My lawyer too is perplexed with this behavior and says its quite puzzling on how they are not reverting even after threatening them with a consumer case. We have also got a written document from their law firm in reply to our legal notice that they will pay 45k if we agree to.
I wanted to check if I can move to the consumer court now, I thought we will reach an out of court settlement but now it doesn't seem to happen. Also what would be the possibility of me winning the case? can their lawyers note be held as evidence?
Also my lawyer informs me that If I need a good lawyer to represent I will have to pay 40 -45l for their fees. I am a very middle class person and the entire claim of my goods will be only that much {as I had negotiated to that amount with the movers and packers} so even if I win the case still it would be of no use.
Can someone help me with this, also what reason would be that the channai packers are keeping silent on this issue? can there be any other legal loophole to it?
I am quite distressed and need help from some senior advocate. Kindly help and also if someone can suggest some good advocate at reasonable cost to help me in this matter.
srinivas
(Querist) 14 November 2013
I have set of emails sent to them, phone calls details and sms details and also a legal note from their lawyer to settle the matter for 45k.
srinivas
(Querist) 14 November 2013
Dear Sir/madam,
I had been following the case thru my lawyer in chennai, and they had sent a legal notice again and the chennai movers and packers had responded that I had asked for an initial amount of 45k against the deficiency of the service and they will pay the same amount.
I had sent a reply notice stating that the amount which was disputed was around 80k and I had agreed on this amount subject to me receiving the washing machine which still hasn't come. I told them I am ok with an out of court settlement with 52k. Now there's a stoic silence from their lawyers and at their end.
First they had assured me that they will pay me 45k now they are mainitaining a stoic silence on this matter. My lawyer too is perplexed with this behavior and says its quite puzzling on how they are not reverting even after threatening them with a consumer case. We have also got a written document from their law firm in reply to our legal notice that they will pay 45k if we agree to.
I wanted to check if I can move to the consumer court now, I thought we will reach an out of court settlement but now it doesn't seem to happen. Also what would be the possibility of me winning the case? can their lawyers note be held as evidence?
Also my lawyer informs me that If I need a good lawyer to represent I will have to pay 40 -45l for their fees. I am a very middle class person and the entire claim of my goods will be only that much {as I had negotiated to that amount with the movers and packers} so even if I win the case still it would be of no use.
Can someone help me with this, also what reason would be that the channai packers are keeping silent on this issue? can there be any other legal loophole to it?
I am quite distressed and need help from some senior advocate. Kindly help and also if someone can suggest some good advocate at reasonable cost to help me in this matter.
I have set of emails sent to them, phone calls details and sms details and also a legal note from their lawyer to settle the matter for 45k.
srinivas
(Querist) 14 November 2013
can anyone please help me with my query
srinivas
(Querist) 15 November 2013
Dr Rajendra, since you are online can you kindly help me with this query.
srinivas
(Querist) 15 November 2013
also can anyone help me with a consumer lawyer in Mumbai who can help me out.
Sudhir Kumar, Advocate
(Expert) 15 November 2013
repeated
http://www.lawyersclubindia.com/experts/Movers-and-packers-issue-434656.asp#.UoXfCyfQyVF
srinivas
(Querist) 02 December 2013
Dear Sirs,
Can anyone help me with a consumer lawyer in Mumbai who will help me file the case. I have got all the proofs with me their reply to the legal notice wherein they agreed to the said amount.
I need someone to help me.
ajay sethi
(Expert) 02 December 2013
ypu had raised this query 5 months back . you stated invoice said subject to jurisdiction of courts at chennai only . we advised you to file in chennai preferably
srinivas
(Querist) 02 December 2013
Dear Ajay Sir,
I am staying in Mumbai and also as mentioned by some advocates in the same forum thought of filing the case in Mumbai itself as the point of action happened in Mumbai.
I am unable to find a lawyer who will help me in this matter as many have told me that going to a consumer court alone will only create further confusion.
Can you kindly assist me sir
ajay sethi
(Expert) 02 December 2013
no harm in filing case in consumer forum . you can come to my office . i can draft the complaint .
srinivas
(Querist) 24 June 2014
Hello everyone, I had received some compensation from Chennai packers which is around Rs 39000. my damages are to the tune of a lac. their lawyer had written to me stating that they will reimburse 45k which they haven't. I had asked them as to repay my legal fees to which I had spent on the lawyers.
I have a written note from their lawyers too that they are ready to settle the matter for 45k. They are not paying that amount now.
Can I still take the matter now to the consumer court? I waited as they had promised me full compensation for the damages
Raj Kumar Makkad
(Expert) 24 June 2014
You can definitely agitate the matter to consumer forum if the period of 2 years from the date of accrual of cause of action has not expired otherwise go to civil court.
On thing should be kept in mind that the cost of the litigation is more than your loss hence it is better to settle the issue out of court.
srinivas
(Querist) 01 November 2014
Dear Sir/Madam,
I haven't still received my entire reimbursement and I finally settled for an amount of 40k which is far far lower than the damages. The company has read this complain on your site and is threatening me with dire legal consequence If I don't remove the complain.
I have mentioned that I have never ever told that I will remove the complain as I haven't received the entire amount also I haven't even received the amount as promised in the legal reply.
They are worried about their reputation, I need your kind advice on what should I do. Also I had never mentioned that the complain would be removed, I had told them that am ready to settle this matter as I don't want to run to the court and also due to my health issue.
Can you kindly advise
srinivas
(Querist) 04 November 2014
can you kindly help
Raj Kumar Makkad
(Expert) 04 November 2014
If the company is threatening you then you should also lodge a criminal complaint against such concerned person of the company along-with filing the consumer complaint as already advised to you.
