TV damaged ‘during shifting’, Delhi man wins Rs 50,000 payout from packers and movers

A Delhi consumer commission has ordered a packers and movers company to pay Rs 50,000 after a customer’s TV was allegedly damaged when its box fell during packing, and a shoe rack was also found damaged on delivery. It held that the company’s own records and the consumer’s documents supported the claim.

President Suresh Kumar Gupta and member Harshali Kaur of the District Consumer Disputes Redressal Commission, South-West Delhi were hearing a complaint filed by one Rajnish Kumar Ahuja, who had paid Rs 18,050 to the company for packing and transporting his household goods from Naraina Vihar to Gurgaon.

“We have no reason to disbelieve the complainant’s averments,” the commission said in the September 16 order, considering the documentary evidence produced by him, and added that the evidence had remained “unrebutted and uncontroverted”.

The dispute began on October 16, 2023, when four employees of the company arrived at Ahuja’s residence to pack his household goods. The company prepared a list of 50 items, including their values, as informed by the consumer. The goods were delivered the next day.

TV box fell during packing

According to Ahuja, the Sony LED TV was checked and found to be working before it was packed. He said the box containing the TV fell while the employees were making space to place it with the other goods.

The delivery acknowledgement carried his handwritten note, stating that the TV box had fallen during packing and the screen was damaged, while the TV had been found in working condition before packing. The note also recorded that the shoe rack was damaged during unpacking. Photographs of the damaged items were placed before the commission.

Ahuja then approached the company’s customer care and shared photographs of the damaged TV. The authorised Sony service centre initially estimated the repair cost at Rs 29,618. It later informed him that it could not arrange the display panel and offered an exchange model for Rs 44,788. Ahuja forwarded the communication to the company.

Story continues below this ad

The company initially closed the claim as “No Claim”, stating that its scrutiny showed the TV had not been damaged by its employees. It later offered Rs 10,000. After Ahuja wrote to the company’s chairman, its legal department offered Rs 15,000 through a letter dated February 6, 2024. He rejected the offer and pursued the consumer complaint, seeking Rs 90,000.

Commission rejects valuation argument

Before the commission, the company described the complaint as false and baseless. It argued that the TV had not been declared or valued and that its liability was restricted under the Carriage by Road Act. The commission rejected the valuation argument, pointing out that the company’s own document listed the value of the LED TV as Rs 30,000. It also found that the consumer’s documentary evidence supporting his allegations had remained unrebutted and uncontroverted.

The commission also noted that the company’s defence had been struck off after it failed to file its reply within the legal period despite appearing before it.

The commission did not accept Ahuja’s separate allegation that the company delayed delivery. He claimed that delivery had been promised on October 16 and that the delay caused inconvenience. However, the commission found no mention of the alleged delay in his handwritten delivery acknowledgement, the emails exchanged with the company or his National Consumer Helpline complaint dated December 2, 2023. It therefore declined to rely on the allegation.

Story continues below this ad

The commission allowed the complaint and held the company deficient in service. It directed the company to pay Rs 50,000 towards the damaged TV and shoe rack, inclusive of litigation costs.

Takeaway

Document the condition and value of your belongings before shifting, and record any damage on the delivery receipt itself. Keep photographs, emails, repair estimates and other supporting documents, as these can be crucial when seeking compensation for damage during transportation.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Delhi: 1800-11-4000) or call the National Consumer Helpline at 1915 for assistance.

Do not miss out on these stories:

Railways to pay Rs 47,000 fine 8 years after family ‘robbed’ in Mewar Express AC coach

Story continues below this ad

SBI credit card fee jumps from Rs 499 to Rs 2,999, woman wins Rs 50,000 compensation

Accident death insurance rejected over ‘false information’, Andhra man secures Rs 50 lakh