Dear Shikha Divas Pant,
I have perused your message with regard to non delivery of your certain goods being booked by you on April 29th, 2014 via Goyal Cargo Packers and Movers for its delivery from Mumbai to Delhi and for said service a sum of Rs.6500/- as consideration for the transit inclusive of tax and insurance was asked by them (Service Provider).
Against aforesaid scheduled consideration you paid a sum of Rs. 5000/- by cash and remaining was supposed to pay on its delivery to destination.
Owners of Goyal Cargo Packers and Movers have not delivered said goods, yet and have stated that stuffs are still lying in Mumbai.
Now, you are seeking legal advise on your three query related with issue and to which, my answers are being suffixed with the respective query :-
Q/-1) where to file police complaint against Goyal cargo packers and movers (at Mahipalpur or at Police Station near my house)?
Ans : (a) The narrated facts of the case do not attract criminal proceedings at this juncture, as the Service Provider has not denied its delivery except the fact that as per their statement the same is yet dumped at Mumbai & not moved so far.
(b) Further, you have not clarified that whether any commitment of date and time was given by them for its delivery or not at its destiny and accordingly they have failed in their services ?
(c) And under such facts & circumstance, maximum you may lodge a "Sanha" about nondelivery of your goods stating all aforesaid facts at the end of Officer in Charge of the Police Station, nearer to your residence for the record purpose and for the future needful action, if required so.
Q/-2) what are the different sections under which he can be booked?
Ans : (a) Considering your hardship in absence of delivery of your goods at its destination i.e; at Delhi, you may Opt to serve a Lawyer's Notice at the best, at this juncture.
(b) Of course, through advised notice, you may claim compensation in lieu of incurred loss as against caused hardship/agonies etc. to you due to its not being delivered so far, till date.
(c) To serve appropriate Lawyer's Notice upon said cargo you may hire my services as an Advocate, if you desire, so. You may verify my profile by visiting the website : "www.powertoconsumer.in" at its page "Know Your Legal Adviser". You may approach me over my mobile no. 09900775922 for the purpose.
Q/-3) Can I also approach consumer court for this fraud?
Ans : (a) YES, after serving advised lawyer's notice upon the erring service Provider, i.e; said Goyal Cargo Packers and Movers and having no response to the notice, you may lodge a Consumer Complaint Case at your end in the competent Consumer Court, as such their this act/deed would be treated as "Unfair Trade Practice" and "Deficiency in Services" under the provisions of the Consumer Protection act, 1986.And also, by lodging advised case, you may get an adequate Compensation, beside the value of lost goods, if so and on other account, also.
(b) On being such a stage, you can definitely lodge a Consumer Complaint Case and for which you may feel free to approach www.powertoconsumer.in - a website launched for the purpose for providing its free legal advise and assistance in the matter.
(c) You are further advised to send copies of all the Receipt issued by said Movers & Packers as against said booking of your goods for its shipment from Mumbai to Delhi along with narration of your instant message to "www.powertoconsumer.in" to facilitate the issue for free proper legal advise and assistance to you for redressal of your grievances.
Hope, all above would meet your satisfaction and required step (s) to be taken by you i the matter.
THANKS,
SHIVESH SINHA,
Advocate Cum Legal Adviser to www.powertoconsumer.in
