Yes, please go to Consumer Court for deficiency in service against the transporter.
Case against transporter in consumer court
My brother handed over my car to Shri Ram Movers, Jaipur on 06 Jun 2018 to transport it from Jaipur to Visakhapatnam by car containers. Shri Ram Movers, Jaipur issued following documents on handing over the car to him. (i) Car Condition paper - This document was on letter head of Shri Ram Movers. (ii) Consignment Note – This document was on letter head of LNT Home Packers. Below LNT Home Packers it is written as “A unit of Shri Ram Car Carrier” on the letter head. The address is same as of Shri Ram Movers. (iii) Money receipt for Rs. 18,000/- ( the receipt was on the name of LNT Home Packers) but he address is of Ahmedabad. The Car was delivered to me on 27 Jun 2018 Night at Gajuwaka (A town around 10 Kms from my residence in Visakhapagnam) The car was in damaged conditions. The delivery person ran away from the spot on my inquiring about the damage. I reported the matter at police station in the form of complaint on same night. No FIR was registered. On next day I handed over my car to Hyundai Work Shop for repair. The bill amount was Rs. 90,000/-. Out of which Rs. 40,000/- could be reimbursed by Insurance and remaining I had to pay. The transporter has refused to pay any compensation for damage. However, I managed to obtain a letter on letter head of Shri Ram Car Carriers, confirming that the damage was caused by them in the course of transportation. I have a video recording of car both at the time of handing over car to the transporter at Jaipur and also of damaged condition at delivery point. I want to sue the transporter in consumer court. My questions are:- (i) Can I lodge the complaint at Visakhapatnam consumer court. Kindly note the transporter does not have any branch at Visakhapatnam. . (ii) Is order passed by visakhapatnam consumer court be enforceable at Jaipur, if yes, then how?
Asked 7 years ago in Civil Law
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7 Answers
1) complaint can be lodged in vishakapatnam
2) seek recovery of damage to car
3) seek compensation for mental torture undergone by you
4) if orfervis not complied with take out execution proceedings against OP for attachment of its bank account or property
1. Yes you can lodge a consumer complaint at vishakha patnam as the damage cause of action has arised there.
2. Yes it is enforcable the court can order to attach the property at Jaipur and can further also punish the owners under consumer protection act.
You have to file file a complaint in Jaipur only where from this consignment originated you have all the records and repair bills to file a case against the Transporter you have to make both of the Transporter as party in the complainant.
Anybody from your family can look after the case there and in case necessary then you can go and see the progress of the case .
However it is not necessary in consumer court to present in person to follow up the case
You have to claim the compensation for mental agony in tuna rupees 2 lacs repair charges as actual and legal charges.
You have to file file a complaint in Jaipur only where from this consignment originated you have all the records and repair bills to file a case against the Transporter you have to make both of the Transporter as party in the complainant.
Anybody from your family can look after the case there and in case necessary then you can go and see the progress of the case .
However it is not necessary in consumer court to present in person to follow up the case
You have to claim the compensation for mental agony in tuna rupees 2 lacs repair charges as actual and legal charges.
i. Yes, because it can be said that the cause of action have arisen in part, in Vishakhapatnam since the car was delivered to you here. Refer to sec. 11 (2)(c) of the Consumer Protection Act.
ii. Only Vishakhapatnam Consumer Court is competent to excute an order passed by it.
Dear Client,
Complain will file where transporter has its office or where the casue of action, wholly or in part arises -
Jaipur / Ahmedabad or where car got damaged.
Order enforceable all over India. Send legal noitce first to claim damages.
You can file a case in the consumer court in Vishakapatnam because the cause of action took place in Vishakapatnam also.
The orders passed in Vishakapatnam is enforceable in Jaipur
