• Want to file a case on home shifting company on theft items

I had Registered to Shipler to change my House material with in Hyderabad with packing and shifting including all labour charges 3500 that to without using lift at both sites 3rd floor at Old Place and 1st floor at new Place
token advance paid 500 ruppes online to shipler and remaining 3000 to be paid to vendor after shifting
Material is over all below to one DCM Truck load  where i got a quote and the vendor from Shipler came to my house as per the date given and seen the Unpacked material is bit more than i had given list in request which i told unpacked i am unable to justify so not given properly
so without any negotiations all material is been kept in bags which are been arraigned by me and including the packing tape is also been used of mine
only two cartoon boxes of the packers are been used to me
after the dispatch of material they had demanded 3000 More where i had asked and i requested that this is not fair of demanding after loading and shipping
and convinced my self as a preliminary fault of not providing total material so i paid extra of 1000 rupees total 500 3000 1000 been paid total
all went good but due to discussion after the payment i had mentioned that the vendor person came to house over Drunken they had started a new version to pay another 1000 rupees if not they will make a issue at house where i told this is not possible as i had already paid excess only and if been gone to outside Vendors which is 2500 only who will not be a registered vendor
but for good and accurate service i had been moved to shipler but which gone to task and vendor had taken away two chairs and one children bicycle forcefully due to not accepting their demands
where i cant stop being a normal common man 
same is been intimated to shiplers over Mail and shipler is also telling that to pay extra amount which is been demanded after loading the vehicles which should be negotiated before loading material or starting the work
still i felt as to give bit extra amount will close the issue and paid 1000 rupees 
shipler is not ready to involve to clear this matter and get my material back Over mail i had been behind them to close the matter without legal proceedings even video is been shared to them when vendor had taken away the material from my house by robbing
I am very much afraid that if i am not there what will those persons do with my family persons and ladies
Lift is also been used at new Place after telling not to be used as per apartment policy where day one i crossed my rules in new place 
need my justice of loosing value in a new house and material back which is very much worried by my children also as their bicycle is been taken away which is not at a fair deal and Now after mailing to shipler they are telling Sorry for me and that particular vendor is been removed from their services for future concern which is clear intimation that the fault done by vendor only not by me

Consequences
I lost my Children Bicycle which is been gifted by their grand mother very sentimental
I lost my children happiness which cant be valuated in amount
I Lost my Value in New house due to the issue gone there
I lost my value of maintaining Rules and Regulations in New house by using Lift for material shifting purpose
As per Packers and movers
No Re Estimation before starting the work
Lift Utilised which is clear in request not to use 
Vendor Miss hand ling the material without packing as per demand and Quote
Vendor not even given bill for the shifting

Releif needed
I need My Theft Material Back
Lift compensation which is been used by me as a wrong  practice has to be re issued maintenance 2500 Rupees
Bill has to be given to me on paid amount by me
Remarks Being a Consumer Appliances Manager I am not demanding the Mental Agony amount and other cost to me
I am only demanding what to be done as a customer support
Asked 7 years ago in Civil Law

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5 Answers

1. For getting back the theft articles you have to file case u/s 379 of IPC agaisnt the mover and packer company.

2.Another option is to file case in consumer forum in parallel to claim damages and compensation for the deficiency of service done by this company.

You may nit get back the articles f the Police fails to recover the theft amount but you will surely get enough amount as damages and compensation.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

File complaint before consumer forum against packers and movers and seek to recover loss suffered by you on account of their negligence

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

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

for issue of legal notice you have to contact a local lawyer

2) he would draft the notice after perusing the contract and correspondence exchanged with the packers and movers

3)issue of legal notice is not mandatory

4) send an email placing on record the facts of the case , loss suffered by you on account of their negligence and seek compensation for loss suffered by you

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

The legal notice is not at all mandatory, more so, if you have communication on this.

Proceed to file consumer case straight way.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1. Go to the nearest police station to file a criminal complaint under section 379 and 506 IPC for theft and criminal intimidation against the person who took away your items from your house and also against the company. If this man had a reason to believe that his lawful charges were not paid then the utmost he could have done was to file a suit for recovery of money against you in the court, but to do what he has done is illegal.

2. There is no need to issue any legal notice if you have the recording of the theft being made by him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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