Cheated by movers and packers
swati tiwari
(Querist) 03 February 2015
This query is : Resolved
I got cheated by movers & packers in Pune.
I used kanchan kargo transport service on 13 December 2014 for moving are household stuff to Jabalpur (destination location). They didn't deliver complete consignment and stole many things from the boxes. I tried to contact them many times but they didn't replied so I did complaint against them in jabalpur Police station and also sent a legal notice to them. They didn't reply to our notice and moreover they told us to go and file the case against them as they have signed receipt of delivered items.
So can anyone please guide me what action I should take now?
1) Should I do the court case?
2) What is the possibility of wining the case.
Thanks
P. Venu
(Expert) 03 February 2015
You have a better option of approaching a consumer court.
However, what do you mean by " they have signed receipt of delivered items." Have you given any receipt or acknowledgement to them?
Rajendra K Goyal
(Expert) 03 February 2015
You have lodged police complaint against them. Let the police proceed.
ajay sethi
(Expert) 03 February 2015
when consignment was delivered why did you not check whether all goods had been delivered or not . you should not have signed the delivery challan for receipt of all goods
Devajyoti Barman
(Expert) 03 February 2015
You can proceed with case in consumer forum also simultaneously.
T. Kalaiselvan, Advocate
(Expert) 03 February 2015
Besides criminal complaint, a complaint with the consumer forum simultaneously is a good idea.
swati tiwari
(Querist) 04 February 2015
Thanks to all for guidance. I'll file a case against "Kanchan Kargo Transport" in consumer forum. I don't know how long the case will go on but yes I think I should let them know that they did wrong.
My concern is that they have delivery receipt that was signed by my sister not by me as I was in mumbai that time. The truck driver delivered the stuff in mid night and he forced to my sister to signed the receipt and promised her that whatever is missing he will delivered in next 2-3 days, he excuses that the stuff might be reached in different location he will inquire and delivered back. And after 4-5 days when I reached to my native place and opened the boxes I found that many things are missing or I can say stole by them.
My concern is that in consumer court how will I proof that they have stole many things from the boxes and not delivered complete consignment.
Please guide me.
swati tiwari
(Querist) 04 February 2015
Thanks to all for guidance. I'll file a case against "Kanchan Kargo Transport" in consumer forum. I don't know how long the case will go on but yes I think I should let them know that they did wrong.
My concern is that they have delivery receipt that was signed by my sister not by me as I was in mumbai that time. The truck driver delivered the stuff in mid night and he forced to my sister to signed the receipt and promised her that whatever is missing he will delivered in next 2-3 days, he excuses that the stuff might be reached in different location he will inquire and delivered back. And after 4-5 days when I reached to my native place and opened the boxes I found that many things are missing or I can say stole by them.
My concern is that in consumer court how will I proof that they have stole many things from the boxes and not delivered complete consignment.
Please guide me.
Dr J C Vashista
(Expert) 05 February 2015
Once you (or your sister) has signed the delivery receipt, whether it was broad day light or midnight, the transporter is not liable for any loss, if she has not mentioned the deficiency/discrepancy obtaining signature of driver or who so ever has handed over the luggage.
However, lodge a police complaint as well as consumer complaint as advised by experts, I agree.
Biswanath Roy
(Expert) 05 February 2015
If the cargo company was entrusted to deliver certain boxes and those boxes were delivered then cargo company is not liable for loss of any item contained in the box.
Whereas, if the cargo company was entrusted with certain items which were properly receipted in writing by them and their men packed up those items in boxes then they will be liable for loss of any item contained in the box.
malipeddi jaggarao
(Expert) 10 February 2015
I fully agree with the expert explanation of Mr.Biswanath Roy. If you have transit insurance, better lodge a police complaint and claim insurance.
Biswanath Roy
(Expert) 10 February 2015
Thanks to Learned expert Mr. Jaggarao for acceptance of my opinion.
swati tiwari
(Querist) 11 February 2015
Thanks to all. I'll do the police complaint and file a case in consumer forum.
I don't know what will be the result of this case but yes I'll do the case.
Thanks to all for your suggestions and guidance.
