• Need help in getting my good/items back from packers and movers

I contacted with packers and movers who asked me to send the photos of what I will be transferring to i send those in whats app. He the told me on call for 11K including insurance. Then on 2nd of march when i asked for bill he send me quotation of 11k with as follows:
1. Transportation charges for households (Door to Door): 11k
2. Packing charges Using quality Packing Materials: INC
3. Loading and Unloading charges: INC
4. Unpacking Charges: INC
5. Document: 600
6. Excise Duty: NIL
7. Temporary storage charge if any:@2000/per Day/PerMonth.../S T : EXTRA
8. GST 18%: EXTRA
Terms and Condition:
1. In this, there is no mention of 100% full payment of the total outstanding money. What written as:
"We Request you to us 80% as advance on total amount along with your purchase order and the balance amount on completion of your at loading point. The insurance premium will be paid in loading point only, before departure of your households"
2. "If required we also provide storage facility to our customer at very nominal charge i.e Rs: ........ per day 
* 1st I didn't get any insurance document
* 2nd They didn't mention that "Our Responsibility Ceases when leave godown"
* In above written 2000/per day/month but here "........"
---------------------------------------------------------------------------------------------------------------------
The next day 3rd march after loading (bdw I missed my train because they were so late) he send me a bill of 11k like:
11,000 +GST+INC
350.00
total --------------------- (dash just a line no mention of numbers)
to pay (blank nothing)
---------------------------------------------------
Then on 26th of March:
. Transportation charges : 11,000
storage - Service charges: 7500
Green tax Other Charges: 2600
SGST: 18%
CGST: -----------
Insurance- IGST: 1800
total : 24880

below the at small size letters:
Our Responsibility Ceases when leave godown
-----------------------------------------------------------ISSue:----------------------------------------------
1. He is asking 100% of the money to be paid the he will transfer from Delhi to kolkata
2. In Call he told he takes full responsibility for the household but in bill its opposite(call recording)
3. He told me no charges for storage now charges applied
4. He didn't gave me any insurance documents at all
Need Help in this case asap!!!!
Asked 6 years ago in Criminal Law
Religion: Hindu

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16 Answers

1. See if you have availed the service then this is unfair trade practice you can file a consumer complaint against the packers and movers and can claim damages from them, along with compensation for mental agony and harassment also along with litigation charges.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file a case of defiency of service against them before Consumer court and claim compensation for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Pay amount under protest take delivery of your goods 

 

later file complaint y against him before consumer forum and seek refund of your money with interest 

 

3) also claim litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

you can move to consumer forum, and can claim compensation from them for causing mental harassment, agony to you and for opting unfair trade practises

as "the gods are loaded" therefore, you can make payment to them under protest and make a claim after receiving the goods at your end to avoid further legal complications,

write a mail to them and ask for insurance documents, mention about payment terms, storage charges, responsibility, under protest etc

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. It is not clear whether you have made any part payment or not. If payment made is nominal then change the packer and engage some other one.

2. if not then under protest make the payment and get the goods delivered t your address.

3. Since this is a case of gross unfair trade practice and deficiency of service you can file a case before the consumer forum where from your will get good amount of damages and compensation.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

File a complaint at district consumer forum and claim refund along with interest and compensation. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

 

 

1.You are a consumer in the instant case of  the said packers and movers buying their services.

 

2. You can file a complaint case before the local; District Consumer Dispute Redressal Forum against the said packers and movers alleging deficiency in service and unfair business practices claiming the execess amount charged by them with intereat, damage and cost.

 

3 You can make the payment as asked by the party strictly under protest and then file the above consumer case if you can not continue without receiving your goods sent from Delhi to Kolkata.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

The green tax is applicable as per state and it would be applicable and the same can be charged along with the GST.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

for packers & movers category for used household goods transportation the GST is 5% only

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you want to challenge the same file writ petition in HC

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

green tax is a state tax and applicable in some states in addition to GST,

18% GST seems to be on higher side as the same is shown as 5% only,

what is the status of GOODS?  

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Send a legal notice to them and probably he will do the task undertaken by them without harassment.

if he further harasses you then a case against hil can be filed before the consumer forum for deficiency in services.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The contradictions now observed are the way these people function, i.e., they will tell one thing in the beginning and when it comes to practical situation, they may change the rules and conditions favoring them, 

Well your goods are lying with them hence if the demand is reasonable then you may go ahead with the payment or else you can issue a legal notice to them stating that are violating the conditions of agreement by issuing contradictory statements and making unjustified demands.

Let them give a reply after which you may think about taking it legally. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can clarify about the unwanted green tax in your legal notice itself.

You can ask him to give the details of GST paid by him in this regard which is required for your income tax purpose.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

It appears that he is charging you extra on the head of green tax. However, GST is required to be paid on all services also.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

  1. As per the information mentioned in the present query, makes it clear that there is nothing which is actually harming the environment.
  2. The goods which have been used are all eco friendly or not emitting any harmful gases which may affect the environment at last.
  3. The green tax is not at all justified in the eyes of law, it can be challenged before the court of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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