Regarding damages of led tv from packers and movers

shirish adam (Querist) 20 December 2022 This query is : Resolved
Dear Sirs,
My LED tv shipped with GATI packers and movers got damaged during shipping and transportation.
Booking done on 24 dec and received on 26 dec. Intimation given to company was on 05 dec. When intimated to GATI, they told that since you have not informed within 48 hrs, we cannot provide claim. Also, during receipt of goods, we only mentioned as "22 Boxes received".

I have filed a case in consumer court. You may please advise how to argue the case and win.

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Quick Summary

A customer's LED TV was damaged during transit by GATI packers and movers. GATI denied the claim due to the customer not reporting the damage within 48 hours and not noting any issues upon receipt. The customer has filed a case in consumer court and is seeking advice on how to proceed, arguing that the 48-hour rule may be an unfair trade practice and that they had valid reasons for the delay in reporting.

Sudhir Kumar, Advocate (Expert) 20 December 2022
You had already filed the case and without perusal of the said application no concrete view can be formed.

P. Venu (Expert) 20 December 2022
It is too hasty to offer any suggestion at the present stage except that that the 48 Hrs stipulation appears to be an unfair trade practice.

kavksatyanarayana (Expert) 20 December 2022
You stated that "Booking done on 24 Dec and received on 26 Dec. But the intimation was given to the company was on 05 Dec. You booked it on 24.12 and received it on 26.12 and how did you intimate on 05.12.?

Pradipta Nath (Expert) 21 December 2022
You are required to prove that the set was damaged in the transit by the service provider. Else this delayed explanation will turn fatal.

shirish adam (Querist) 21 December 2022
We had just received the boxes and kept in the home. From outside packing was good and fragile sticker was also there and being a reputed company like GATI, we thought that TV inside the box will be in good and safe condition. Sorry, there is a typo error for 26.12. Boxes were received on 26.11. Meanwhile, there was a marriage in our extended family for which we were busy in doing all the arrangements and could not find the time to open the TV box and only opened on 05.12. GATI is stating that there was a delay in intimation and also no remarks like damage to the boxes are mentioned in the Receipt, so they cannot provide any claim. But, these terms and conditions were not provided in writing to me during the time of booking. I am going with two logics here. Logic-1: During booking the TV was in good condition as seen by packaging person who is also the party in the petition. If there was damage during packing, they will put "DAMAGED ITEM INSIDE" sticker on the package which is absent. Logic-2: Why I will damage my TV and claim for expenses in the court which is time, money and efforts consuming activity. Please advise for any further since I am not engaging advocate for this small item due to fees of lawyer.

kavksatyanarayana (Expert) 21 December 2022
File a case in the Consumer Forum of your district.

Dr J C Vashista (Expert) 22 December 2022
Contact, consult and engage a local prudent lawyer to file a consumer complaint with relevant documents before competent jurisdictional consumer disputes redressal commission.

P. Venu (Expert) 22 December 2022
"Meanwhile, there was a marriage in our extended family for which we were busy in doing all the arrangements and could not find the time to open the TV box and only opened on 05.12."

Such personal explanation is bound to spoil your case.

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