[Resolved]  Agarwal Packers And Movers — Agarwal Packers and Movers - cheaters, crooks, thugs, breach of insurance, pronounced guilty by consumer court

Address:

Karnataka

More than a complaint this a complete story on how Agarwal Packers & Movers (HO in Secunderabad, http://www.agarwalpackers.in) destroyed all of my household worth of 1,20,000 (one lakh and twenty thousand), traumatized me and my family, refused to pay for damages and further, how my battle with them ended in consumer court whipping them a heavy penalty. So I request anyone planning to hire them to read this carefully and take a prudent decision.

First thing to note here is that there are two Agarwal packers and Movers. One is based out of Delhi (http://www.agarwalpackers.com) and another one is based out of Secunderabad (http://www.agarwalpackers.in). I hired the one which is based out of Secunderabad to move my household from Noida to Bangalore. I had a household big enough for a 3 BHK, consisting of everything one can imagine except a car. Now I feel so fortunate that I decided to sell off my car before moving - my 3 BHK household was reduced to a single BHK household!

For such a big household I hired their 20 feet container to avoid any sharing and transshipment. My consignment (GC No.4143388) consisted of 76 packed items and my plight started from the very first day. Agarwal Packers and Movers team was supposed to pack and lift the consignment by the evening of 20th Jan 2011 from my Noida residence but their truck did not show up untill 21st afternoon because of which I had to cancel my 20th night flight reservations and re-book them for 21st night. This itself brought me down by around Rs. 10000/-.

Before loading the household I was asked to estimate and evaluate each of the 76 articles for the insurance. I evaluated all of my household at Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only). This included a bike (Bajaj Avenger, original value: Rs 75000/-) which I valued at Rs 40000/-. Needless to say that to save my premium I evaluated each item at much depreciated value. At the rate of 3% I paid Rs. 7500/- towards the premium.

Their commitment was to bring my household by 27/28th Jan to my Bangalore address. When I enquired them on 27th I was told that the truck is in Belgaum, Karnataka and will reach me by 28/29th. I was fine with a delay of a day, however to my utter shock, when enquired on 28th, I was informed that the truck carrying the container had met with an accident on 23rd itself and was still held up in a police station at Kishangadh, Rajasthan!!!

Thence, I was ceaselessly calling their Bangalore and Secunderabad offices but got no information on the nature of the accident, details of the damage and assurance on when my shipment will finally arrive in Bangalore. Through my acquaintances in Ajmer I found that for next three days the truck was locked up in the Kishangadh itself. Adding to my despairs further, post release, they sent the truck to their Secunderabad office instead of sending it to Bangalore. I was rendered aggrieved, helpless and devastated. My 4 year old kid fell sick because of lack of home food and we were spending left right and center on outside food and autos.

The truck arrived on 5th Feb 2011 with all of my furniture reduced to pile of planks and logs, all kitchen items reduced to powder or metal scarp - the show stopper was my 150 kg Bike which got "BENT FROM THE CHASIS"!!! Out of 76 packed items 27 were rendered totally perished and useless. The authorized dealer for Bajaj gave an estimate of Rs 38000/- to repair the bike out of which Rs 29000/- was against parts replacement only. Apart from the bike repair the total damage was valued at 87000/-.

For next 45 days I struggled in an alien city managing my family and home without any essentials, commuting in auto, sleeping on floor, shopping and building my household once again, visiting their Bangalore office every week, calling their MD in Secunderabad every day just in hope that they will get my bike repaired and compensate me for the damages. But they showed no sensitivity or empathy towards the mental agony and sufferings that they had imparted to me. With their callous unprofessional and irresponsible attitude they kept saying that the compensation is in process and I should wait more. My rage knew no bounds when in March end they said that all they can pay is Rs 48000/- (50% of the actual damage) and that I should get the bike repaired myself through the Motor Insurance Company.

I immediately decided to approach consumer court and hired a lawyer to help me out. I did not get much encouragement from friends family or office. Every one said it's a long drawn battle and will cause more disappointments. By that time the matter had sunk in well with me and I had got rid of all the anxiety related to this fiasco. I was taking this as my last attempt to bring justice to me and culprits to the book. Now the results have proved that my decision was more than right.

I filed my complaint on 29th March 2011 with District Forum in Bangalore - Complaint No: 626/2011. In an unexpectedly fast process, judgement was passed on 10th May 2001 in which Agarwal Packers and Movers were ordered to pay complete compensation of Rs 87000/- and were directed to get my bike repaired from an authorized dealer. In addition a sum of Rs 2000/- was awarded to me toward legal expenses. Further, the district court stated that in event of failure to repair the bike within 60 days the company needs to pay me a sum of Rs 80000/- as additional compensation.

Even after this slap from the district court the company didn't budge and remained inert to the orders. They woke up after 60 days and on 30th June filed an appeal (Appeal Number 1998/2011) with the State Consumer Forum, Karnataka. As if they did not have enough from the District Forum, the State Forum upfronlty dismissed their appeal. Crossing all the heights of shamelessness they still refused to pay me the compensation and hence I filed an execution petition (Execution Application 119/2011) in the District Forum on 13th July 2011 requesting the court to execute the orders.

On 4th Aug 2011, under section 27 of the Consumer Protection Act, a criminal case was registered against Mr. O.P. Sharma, General Manager, Bangalore, Agarwal Packers and Movers and non bailable warrant was issued against him. The court asked the police to present the accused in the court by 30th Aug 2011. Meanwhile the company filed a revision petition in National Forum (Revision Petition No.2638/2011) which was posted for hearing on 9th Dec 2011.

Between 30th Aug 2011 and 30th Nov 2011 the GM of the branch office, Bangalore escaped the warrant thrice and every time the warrant was reissued dragging the matter longer than required and showing how seasoned hoodlums these people are. But just 9 days before the hearing in National Forum, on 30th Nov 2001 the tables turned and Mr. O.P. Sharma was arrested and brought to the District Forum by the police. Representing Agarwal Packers and Movers he complied with the District Forum orders and paid full amount with an interest of 12% per annum from the date 10th May 2011. The matter was finally put to rest when on 9th Dec 2011 they withdrew their revision petition from the National Forum.

It took me 10 long months to get what I deserved and to make the company pay for their deeds but on every ground the wait seems reasonable to me. In this duration I faced many bouts of depression and pessimism but the struggle now has paid off and I want to rub off the same message to others who are in similar situation that don't get victimized and don't let these companies take ride of you. Don't get intimidated by their sizes and the resources they have, don't get discourage by the complications and the wait involved in moving the consumer forum because firstly it's worth it and secondly unless more and more such examples aren't set these companies will never learn to take responsibilities of their products and services and will keep bullying the gullible customers.