In this article, Kriti Kothari discusses What legal actions can be taken against a Packers and Movers company if they fail to deliver your goods safely?
Moving from one part of the country to another is not an easy job and involves tedious work. It involves a lot of tasks such as finding a new home in a completely unknown city or finding and getting children admitted in school or colleges and the list continues. One of the most complicated tasks is to shift all your belongings to one city to another. They are generally done with the help of huge loading vans and trucks and involve a lot of risk as some of the objects are brittle in nature and can be damaged easily during the shifting. There are risks of theft and robbery as well during the travel. Proper packing of the material by using proper packing material is also required. To solve all these problems and making the task easy for the people these days there are PACKERS AND MOVER companies which exist in the market.
WHO ARE PACKERS AND MOVERS?
- Packers and movers are those people who will help you to pack your belongings and them move those belongings to the place where you want in the most safest and convenient way.
- One of the most striking features of the packers and movers is that they accept the full responsibility of the belongings and if any damage is caused to the belongings it is them who need to recover those damages.
- When these types of services started in India there were two different sets of people who used to deal with two different set of tasks that is one used to pack all your materials in proper kinds of packing materials and then the other was responsible for the transportation of those goods. However, with the time both of these services are provided by the same single service provider
There are generally two types of packers and movers which exist in the market. Firstly, the public or local packers and movers which help the local public to shift their belongings from one place to another when they shift their houses and secondly the industrial packers and movers who help the industries to shift their goods for various purposes from one place to another. Generally, a person should prefer using a professional company which provides these services as they provide better guarantee and insurance of your goods.
Misappropriation of goods during transportation
Several cases of theft and robbery have been reported by the people where the drivers of the trucks have misappropriated their belonging while shifting their materials and have fled away. However, a packers and movers company takes the full responsibility of your goods. However, there are problems with the packers and movers company as well. Several cases have been reported where there is a deficiency in the services on the behalf of packers and movers. In this case legal remedies are available to the people and are described in the further article.
Types of deficiencies on the part of Packers and Movers
There are certain deficiencies which can be observed on the part of the packing and moving services and before complaining about the company you need to recognize the deficiency so that you can claim damages in a better way:
Late Delivery of Goods
While hiring a packers and movers service you will always need to sign a contract in which the date of delivery of goods will be stipulated and if a company fails to deliver your goods on that particular date you have a complete right to sue or take action against the company. This is not a big deal if the local belongings of a person needs to be shifted but in the case of industrial transfer it is a serious issue as a minor delay of two to three days can lead to huge loss for the industries.
Lost or damaged goods
This is one of the most important areas of concern during the transportation of goods and needs to be dealt with utmost concern. People often report that the goods were broken after the delivery or goods are often misplaced in certain cases. This is a serious mistake on the part of the company as they take the responsibility of appropriating your goods properly and safely.
Extra delivery charges
It is often observed that the packers and movers company charge extra delivery charges when they deliver the goods even when it is nowhere mentioned in the contract signed by you and in some cases they already charge you for the services beforehand only. It is the responsibility of the customers to be aware of the terms and conditions which they have signed in the contract and not to get befooled by the companies.
Legal actions against Packer and Movers company if they fail to deliver your goods safely
If you have hired a packers and movers services and suffer from any such deficiency in the services provided by them then you can avail the following legal remedies:
- Before going for any legal proceedings or any legal suit the first step you should take to resolve your issue is to contact the company directly and ask them to solve their grievances. If they fail to do so or they do not pay attention to your queries then you should go for a legal procedure. One most important thing which you should keep in mind while communicating with the company is that always use a method of communication which can be used as an evidence in the court of law for further legal proceedings. You should try to contact them with the help of emails or written letters rather than telephonic conversations.
Filing of Consumer Complaint against packers and movers company
- If the company does not pay attention to your grievances or does not pay you the damages then you can file a CONSUMER COMPLAINT under section 12 of the Consumer Protection Act 1986 in the consumer forum or can file a consumer complaint online.
- The consumer forums were introduced in India keeping in mind that the consumer’s rights should be protected and they should not be discriminated.
- It is clearly stated by the consumer court that the movers and packers company are a part of services under this act and one can approach the consumer courts to get the remedies.
- Filing a consumer complaint is beneficial over legal proceedings as it includes less expenditure, as well as the time taken, is also less. One more advantage of filing a consumer complaint is that you need not hire an advocate to fight for your case and you can present your case on your own before the consumer forum.
- There are consumer cells as well where cases can be solved with the help of mediation also which is very beneficial these days.
- If you are not satisfied by the way consumer court works or are not satisfied with the decision of the court you can file a separate civil suit in the court of law. You can hire an advocate and send a legal notice to the company and then the proceedings will be held in the court. You can also file a consumer complaint and a case in the court of law at the same time. There is no bar to it.
Can a FIR be filed against Packers and Movers company alleging fraudulent intention
- You can also file an FIR against the Packers and Movers Company at your nearest police station but generally the police does not file FIR in the cases related to unofficial enquiry but when a prime facie deceit is proved the police will lodge a FIR under section 421 of the Indian penal code under FRAUD. You can also file a consumer case and a FIR simultaneously.
- If you have taken the insurance of the goods you can immediately claim for insurance from the insurance companies so that you can recover the damages easily. Claiming insurance is no bar to lodging FIR. You can lodge FIR for the insured goods as well.
These are few remedies which can be sought by the people if they are cheated by the movers and packers company or there is a deficiency in services on behalf of them.
Precautions
As it is rightly said that precaution is always better than care there are few precautions which can be taken before hiring a packers and movers company:
- Always hire a registered company: You should always avail services from a registered company and which has a license to do so. Always check the credibility of the company. You can also check the reviews about the company on various online platforms.
- Read the terms and conditions of the contract carefully The companies often try to mislead the customers by manipulating the contract which they sign and then discriminate the customers on the basis of it. You should always read all the terms and conditions of the contract and then sign the agreement.
REFRENCES:
http://www.indiacom.com/yellowpage/category-gyan/articles/packers-and-movers/packers-and-movers-introduction.asp?category=packers-and-movers
http://www.findmovers.in/moving-guide/how-to-file-a-complaint-against-movers-and-packers-company-22
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