CONSUMERS BEWARE!
You can sue negligent transporters
Pushpa Girimaji

IF you are moving to a new house and are, therefore, planning to engage movers and packers, or transporters, I would suggest that you choose them carefully because there are many complaints of careless handling of goods by transporters, resulting in extensive damage to expensive household material. There are also complaints of goods not reaching on time, with transporters failing to insure these despite collecting the money from customers and, worse, not responding to complaints, and failing to pay for the damaged items.

So how do you go about choosing the right movers and packers? The first step is to look at the choices available (look for them on the Internet) and zero in on a couple of them. The next step is to google search "complaints" about them. That will give you information on whether the clients who engaged them had any problems, and if they did, what was the nature of the problems faced by them.

You also need to ask the transporters about the redress system available in case the items are damaged during transit, or are transported late. Will they give any compensation? Usually, transporters tell you that they have an arrangement with an insurance company, and the insurer will pay for any accidental damage.

They will also collect from you the money for the premium. Now, this is where you need to be careful. First and foremost, you have to ensure that they have taken the insurance as promised. Second, whether the insurance value is adequate to cover your loss in case the goods are damaged. In other words, you need to check whether the transporters have done proper valuation of your goods.

It is equally important to look at the terms and conditions of the insurance policy, and ensure that it gives you protection for all eventualities. You could also consider buying the insurance yourself, instead of buying it through transporters. This way, you may have a better choice in terms of the nature of the policy, the insured value and also the insurer. A basic cover, for example, may not cover damages caused from jolts and jerks, while an all-risk cover would pay for such damages, too. But make sure that the valuation of your luggage is done properly. Take a proper receipt from the transporters for the amount paid, and keep it safe. Do not sign on any terms and conditions that limit the liability of the transporters. When the goods are delivered, if you find any articles missing or damaged, make a note of these, and get the delivery boy to sign on it.

You can also ask your neighbour or a friend to sign as witness. Then make an estimate of all the losses that you have suffered on account of the negligence of the mover and packers. Send a notice (through registered post, acknowledgement due) to them, with all details, and ask them to make good the loss within 15 days. This notice is absolutely necessary for you to file a case for compensation before the court.

In the case of Delhi Assam Roadways Corporation vs B.L. Sharma (FA No 107 of 2001, decided in December 2002), the national consumer disputes redressal commission made two important points: One, that the movers and packers are liable for negligence, and consumer courts can award damages in such cases. Two, before filing a case, it is, however, mandatory for the client to issue a notice as required under Section 10 of the Carriers Act.

Referring to two orders of the Supreme Court on the issue, the national commission pointed out that Section 10 of the Carriers Act mandated giving a notice before filing a suit, and this notice had to be given within six months from the time the loss or injury first came to the knowledge of the consumer. This condition applied to cases filed before the courts, too.

So courts can resolve complaints pertaining to deficiency in service rendered by transporters, but only if the notice as required under the Carriers Act is issued to the transporters, the commission said. Remember, you can seek the help of the courts for indemnification of your loss caused by the negligence of the movers and packers. However, you need to issue a notice first and keep proof of having sent such a notice.

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