consumer complaint
Querist :
Anonymous
(Querist) 12 January 2011
This query is : Resolved
Dear Sir,
my client Mr. Jamil Akthar, Proprietor of Kohinoor Sales sold goods to M/s. Bheem InfoTech, at Bangalore, valuing total amount of Rs. 7,65,000. The said consignment, was dispatched and booked through M/s. XYZ Cargo Movers.
M/s. Bheem InfoTech after three days called my client and informed that the said consignment are not yet delivered to them. My client suspected fishy and called upon by M/s. XYZ Cargo Movers, in respect of non delivery of consignment to M/s. Bheem InfoTech. M/s. XYZ Cargo Movers informed and assured my client not to worry about the said consignment and due to some confusion with in their branch staff at Bangalore and hence the said consignment could not be delivered.
That even after three days there was no information from M/s. XYZ Cargo Movers in respect of dispatched consignment by my client. On 26.12.2010 my client was so tensed and nervous hence he personally visited the office of M/s. XYZ Cargo Movers at, Mumbai and requested to give him the details and facts of the consignment and also requested him to furnish the copy of manifest in respect of dispatched of the consignment dated 20.12.2010(when the goods were to be loaded in the railway wagon). After lot of hesitation/dithering and argument they furnished my client the manifest in respect of dispatched of the consignment dated 20.12.2010 (showing the details of consignment send by M/s. XYZ Cargo Movers from Mumbai to Bangalore dated 20.12.1010). My client was so surprised/shocked to observe that there was no entry of receipt/challan on manifest dated 20.12.2010 of M/s. XYZ. Cargo Movers.(it means the goods were not loaded from Mumbai.
My client had already smelled fishy and suspicion and by seeing the manifest dated 20.12.1010 my client suspicion twirl to real, that the courier company have acted in collusion with each other and have misappropriated the consignment for their own. That to mislead and deceive, the person from XYZ Cargo Movers accompanied and forced my client to send his person with him to Bangalore office for verification of consignment. where it was found after verification at Bangalore Railway Station that the said consignment was not dispatched in railway wagon by the said M/s. XYZ cargo Movers.
That even after verification/confirmation with Mr. Anil (head of his branch office at Bangalore), it was found that the said consignment was not dispatched/transported with railway and hence it could not reached at their final destination. It prima facie shows that person from XYZ Cargo Movers from Mumbai have acted in collusion with each other and misappropriated and have been deliberately and dishonestly kept or disposed off/sold the consignment with the intention to cheat my client.
Sir, Now I want to know whether my client can file a consumer complaint (my doubt is he is Proprietor of Kohinoor Sales and the goods dispatched with Cargo company was commercial goods, can he comes with in purview/definition of consumer. And whether the goods and transaction are commercial transaction. Or relevan t judgement on this point
adv. rajeev ( rajoo )
(Expert) 12 January 2011
You have to aver in the complaint that complainant is doing the business for his daily livelihood. Your client is the consumer of the XYZ cargo movers. He has hired the service from cargo movers. So he is a consumer and he can file the consumer complaint.
Advocate Bhartesh goyal
(Expert) 12 January 2011
Yes,Your case comes within purview of Consumer Protection Act.Hiring of services either for personal or for commercial purpose comes under the consumer dispute. Your client had hired the services of M/S XYZ Cargo movers and they failed to provide them hired services.please go through the citation 2005{1}CPJ 25{NC}
Querist :
Anonymous
(Querist) 13 January 2011
courier company has not taken any sign of my party on any declaration form, which ascertain the value of goods, quantity etc, still there is a merits in the case
