Consumer protection- fraud by packers and movers
akash
(Querist) 12 August 2011
This query is : Resolved
Hi Experts,
I transported my household goods from Mumbai to Delhi using a packers and mover company. I specifically asked for insurance and declared the value at Rs 80,000 for the goods. The packer loaded all the goods from Mumbai and give me a bill of loading. I asked for the insurance receipt but he said that he needs to put in the vehicle number in the insurance, so it would take 2 days to receive the policy. In the receipt for the payment I made for the consignment, he wrote "including AIG insurance" and signed it once more when I insisted, next to the total payment. I paid the entire amount in advance. Now I received the goods in Delhi and a lot of the goods are missing or broken. The packer kept delaying the insurance receipt and never sent it. Now he has stopped picking up my calls.
1) I think this is a fraud where they took additional money for insurance and actually never got a transit policy from Tata AIG. As such, what should be my next course of action? Should I file a police report first or approach consumer court?
2) The company is based in Mumbai. He contracted another local mover in Delhi to deliver my goods. Now both companies are blaming each other for the damage. If I need to file a complaint against the Mumbai based company, can i do so in the Delhi consumer court? Or will I need to go to Mumbai consumer court to file this?
3) Can I file the complaint against the Delhi company as well? Given that I contracted with the Mumbai company who subcontracted it to the Delhi company, who should be ultimately responsible for the loss?
Advocate Bhartesh goyal
(Expert) 14 August 2011
You can lodge F.I.R against Packers and mover co and file consumer case simultaneously there is no bar.You received
the short/broken delivery of goods at Delhi so Delhi consumer Forum has also jurisdiction to try and decide the case.the goods were deliversd to you by Delhi base co so Delhi base co is necessary party implead Delhi co.Both Mumbai and Delhi co are liable for the loss.
akash
(Querist) 17 August 2011
Thanks Experts. If I go to consumer court, how do I prove that the goods were broken and lost? I took the delivery but refused to sign the delivery receipt, since 3 of my cartons were missing and my TV was broken. On the loading bill, it clearly mentions the total number of cartons loaded.
prabhakar singh
(Expert) 17 August 2011
There you seems to have committed mistake ,in my opinion you ought to have signed with your objections noted thereon.Anyway ,now you can allege that you refused to sign delivery note because they did not allow you to endorse your objections there on.
