Legal action against movers and packers
Nitin Malhotra
(Querist) 08 May 2014
This query is : Resolved
Hello Experts.
I need help with your expert opinion about an issue with my movers and packers. I had booked my car for transport from a mover and packer in Pune. The car was supposed to be shipped from Pune to Mohali. The car was picked up from the origin (Pune) on 27th April, 2014 and I was told it will reach Mohali in 7-8 days. After following up with mover’s guy, the car finally reached after 10 days on 7th May, 2014. The delay is not the problem.
It appears the car was driven from Pune to Mohali rather than being sent in the container. The meter reading at origin was 3500 KM and at the destination it is 6500 KM so it has been driven 3000 KM in 10 days. The car has stains on the back seat and the radio antenna has been broken. We were called by a police guy in Mohali to pick the car. He says he is the uncle of the person who drove the car from Pune to Mohali and since driver went out with the family, he had asked this police guy to handover the car to us.
Now I am worried if my vehicle was used for any illegal purposes during the move. I mean the damages aside; I do not want to get into any legal troubles in future because of this car being used for any illegal activities during the move.
Could you please help me and let me know what can I do to be on safer side for any future legal troubles? Shall I send a legal notice to the mover or file a police FIR? I am not sure. Please help.
Thanks for your help in advance.
P. Venu
(Expert) 09 May 2014
First of all, you may serve a legal notice to the shipper setting out the facts. Subsequent action could be decided thereafter.
Nitin Malhotra
(Querist) 09 May 2014
Thank you Venu Sir, I had a discussion with Mover yesterday and he accepted his mistake. he is ready to give me a letter on his company letterhead stating all the damages and taking responsibility in case of any legal troubles. Would this help or shall I still go with the legal notice? Please help.
Thank you so much.
Sankaranarayanan
(Expert) 09 May 2014
You better to serve legal notice by local lawyer
K.K.Ganguly
(Expert) 09 May 2014
1. The Packer has acted illegally by driving the car to Mohali inplace of transporting it through container for which you had paid them,
2. After finding out the office of the Packer at Mohali, you can file a complaint case at the local District Consumer Dispute Redressal Forum alleging dificiency in service & unfair business practice claiming cost for the wear & tear of the car & also the damage plus cost of the litigation,
3. It will serve all your purposes.
ajay sethi
(Expert) 09 May 2014
since transporter is ready to admit his mistake and willing to carry out necessary repairs and also accept responsibility for any legal problems close the chapter . dont issue legal notice or file complaint before consumer forum .
Rajendra K Goyal
(Expert) 09 May 2014
If the mover is ready to accept the mistake and is ready give in writing that he would compensate any loss due to their act no need to go into legal way. If letter not received as promised by them, send legal notice.
T. Kalaiselvan, Advocate
(Expert) 09 May 2014
Mr. Ajay Sethi's opinion and advise as well as that of Mr. RK Goyal seems to be practicable, better act wisely instead of getting involved with more legal issues and wasting your time and energy as well as money.
