Packers and movers not giving bill


It has been 1 month and packers/movers is not ready to give me bill.

He has blackmailed me into giving more money before delivering goods. The price we agreed upon was 51000 (car + household goods) but due to payment being stuck in Google Pay I had to transfer money via NEFT. Later, Google Pay money also got transferred and he received 52000 from me.

They also badly damaged by Almirah, for which I asked for compensation which he is not ready to give. Then the Car was given to me outside my home some 80-90 km away and I had to spent 1000 Rs on Ola to go there. Before handing me the car the container driver told me his manager has instructed him to ask 1000 Rs from me or else he will not give me the keys. I had to shell out 1000 Rs more for which I shouted on him that I will complain to police about him. He said he will return this money to me later.

As you can see his nature now he is not giving me this bill. I am not even asking for damages or extra money he took from me. I just want the bill so I can get it reimbursed from my office.

Could you please tell me what course of legal action can I take besides sending a legal notice (before lodging a case in consumer court)?

 

 
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Hello,

In the Consumer Protection (Amendment) Bill, 2011, introduced in the Parliament last year, it made failure to issue a bill or a cash memo, an unfair trade practice. 

Under the Consumer Protection Act, a consumer has a right to be protected against unfair trade practices so he/she can complain against those who do not issue the bill, for unfair trade practice. The Amendment Bill, which is now before the Parliamentary Standing Committee, is expected to be passed in the next session of Parliament.

Hence, this is an unfair trade practice so you can approach the appropriate consumer forum.

The following person/association can file the complaint before the designated authorities:-

  • Any consumer to whom the goods or services were provided
  • Group of consumers having similar interest in the matter
  • Consumer Associations
  • State Government or Central Government
  • In case of minor-legal guardian
  • Central Authority

In the Old Act, there was no mention of the Central Authority, however, the New Act introduces the "Central Authority" in District, State and Central level, which can file consumer complaint before the jurisdictional commission after a thorough investigation in the matter.

Mediation Proceeding:

The New Act introduces Alternative Dispute Mechanism for the speedy and effective redressal of the consumer cases.

Initiation of Mediation Proceedings:

  1. If the commissions thinks there is a possibility of a settlement of the dispute between the parties, then same can be transferred to Mediation Cell or ;
  2. The written request can be made by either of the parties to District, State or National Commission stating
    • Details of the parties
    • Nature of the dispute
    • Amount involved
    • Relief sorted
    • Proposal for appointment of Mediator (Language, Qualification, experience, etc)

Procedure to be followed

  1. Parties can mutually agree on the procedure to be followed or;
  2. If parties fail to come for mutual ground, then the mediator shall follow the procedure mentioned below :
    • Mediator shall fix the time, date and venue, where parties have to be present or ;
    • Mediation Proceedings can be held at the Mediation Cell attached to District, State or National Commission.
    • Joint/ Separate meetings of the parties to be conducted.
    • Within the period of 10 days, before the session, both the parties shall submit the Memorandum of Issues to the mediator and other parties involved highlighting the issues which need to be resolved.
    • Necessary information to be provided to the mediator by both the parties.
    • Mediator shall facilitate a voluntary resolution between the parties, communicate view of the parties and help the assist the issue.
    • Within the period of 30 days the parties should reach an amicable settlement.
    • If the parties arrive at a settlement, the same shall be reduced in writing and the same needs to be signed by both the parties and Mediator. Mediator shall further submit the detailed report of settlement to the concerned commission.
    • If parties failed to reach a settlement, then Mediator shall submit the report to the commission stating the reasons for non-settlement.

Institution of Consumer Complaint:

The New Act introduces the "Online Filing" of Consumer Complaint.

Step 1 (Issuance Of Notice): Before the filing of the complaint, it is advisable for the complainant to issue a notice to the opposite party, highlighting the defects/deficiencies in the goods or services provided. If parties don't agree to come to a mutual understanding then the complainant can file a complaint before a jurisdiction authority/forum.

Step 2 (Determining the Jurisdiction): The Complaint has to be filed within the Pecuniary and Territorial Jurisdiction.

Pecuniary Jurisdiction: (As Per New Act)

  • District Commission: Amount not exceeding 1 crore
  • State Commission: Rupees 1 Crore to 10 Crore
  • National Commission: Amount exceeding Rupees 10 Crore

Whereas, under old Act, the pecuniary jurisdiction was as below:

  • District Commission : Amount not exceeding Rupees 20 lakhs
  • State Commission: Rupees 20 Lakhs to 1 Crore.
  • National Commission: Amount exceeding 1 Crore.

Territorial Jurisdiction:

Place where the opposite party resides or if there are more than one opposite party, then the place where opposite parties reside or carry on business or personally works for gain.

Step 3 (Submission of Complaint): Complaint can be submitted in the form of Writing or through Online.

Registration of Online Complaint

  • Aggrieved Party can register complaints on https://consumerhelpline.gov.in/ .
  • Complaints can be registered by filling essentials details like name, email, contact number & password.
  • Complainant will receive login credentials though which he can register a complaint by uploading required documents.
  • There are different portals available for different sectors.
  • A consumer can also register complaints through Mobile Apps namely the NCH app, Umang App or Consumer App.
  • Post-registration of the complaint, complainant will be provided with a unique identification number through which he can determine the status of the complaint.
  • Fees for the complaint can be submitted through online payment portal.

Step 4 : (Contents of the Complaint): Complaint should contain the following information

  • Name and complete details of complainant And opposite party.
  • Date and time of purchase of goods/ availing of services.
  • Necessary Facts of the case establishing the cause of action.
  • Particulars of dispute: Defect in goods/ deficiency in service.
  • Relief sought
  • Copies of the documents supporting the contention of the complainant. (Invoice, Warranty receipt, etc)

Step 5 (Limitation for filing Complaint/Appeal): The Complaint before the District Commission needs to be filed within the 2 years from the date of dispute. Further, appeal before State Commission to be filed within45 days from the date of order of District Commission. Further, appeal to the National Commission should be made within 30 days from the date of receipt of the order from the lower forum.

Step 6 (Court Fees): The Court fees have to be paid in the form of Demand Draft, in respect of the Registrar of respective Commissions. In respect of the National Commission, the appellant has to make the Demand Draft of Rupees 5,000/-.

 

Thank you

 

 

 
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Advocate

This is pure case of cheating and hooliganism. I even found this is the story of most of the packers and movers. Please get an FIR registered against them else they will do this to every one and also if possible have your review on them in net.

 
Reply   
 

Originally posted by : Pradipta Nath
This is pure case of cheating and hooliganism. I even found this is the story of most of the packers and movers. Please get an FIR registered against them else they will do this to every one and also if possible have your review on them in net.

I have moved to Kolkata and movers/packers firm is located in Siliguri, will it be possible to file a FIR in Kolkata as police might push me to file it in Siliguri or not register a FIR all as for them this might be a trivial issue.

 
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Advocate

You can file in kolkata as well. Either way you may register private complaint before the magistrate.

 
Reply   
 
Lawyer

Well analysed, opined and advised by experts, I agree and nothing left to be added.

 
Reply   
 

I sent my friends to address of company provided in Consignment Note and it was not found on that location. It looks like the firm is not registered on GST and is difficult to locate. The person who runs the business and I talked to is not picking up my calls. I am unable to find who is the actual owner of the business but it looks like it is his wife. So I did some research: Lets say the firm's name is "Acme" packers and movers (which gave me service), on consignment note it is written as Acme packers and movers. There is another firm with name "Acme" transport company whose truck I checked on vahan.nic.in is registered on person's wife name. I was also able to find two more firms but the owner of these firms is not directly the person who runs the business but his wife. My friends were able to locate one of the above firms say whose name is "Bhree" courier service whose owner is his wife. They went there but they still denied me the bill. My question is can I send the legal notice to "Bhree" courier service which we were able to locate and where notice can be delivered but whose owner is wife of the person (who is handling all her businesses). Can they not respond to my notice saying that services were provided by a different firm or that person who I talked to is not related to this business? In short all businesses of this person are in the name of his wife. Can I send a notice to one of these business as I am unable to locate the actual business which provided me service? Hope I am clear or I can provide more information.
 
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