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2025 Supreme(Online)(SCDRC) 38196

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
AGGARWAL PACKERS AND MOVERS – Appellant
Versus
SANJAY TANWANI AND OTHERS – Respondent
SC/6/A/291/2023



Petitioner Advocates:SANJEEV BODH ,Respondent Advocate:

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA FIRST APPEAL NO. SC/6/A/291/2023 AGGARWAL PACKERS AND MOVERS PRESENT ADDRESS - 321, 3RD FLOOR, KABRA COMPLEX, 61 M.G. ROAD, SECUNDERABAD ,HARYANA.

.......Appellant(s)

Versus SANJAY TANWANI AND OTHERS PRESENT ADDRESS - A-9/2, S/F, 2, DLF ANKUR VIHAR LONI GHAZIABAD. ,HARYANA.

ANJALI TANWANI W/O SH. SANJAY TANWANI PRESENT ADDRESS - A-9/2, S/F 2 DLF ANKUR VIHAR LONI, GHAZIABAD,HARYANA.

FUTURE GENERALI INDIA INSURANCE COMPANY LTD.

PRESENT ADDRESS - UNIT NO. 801, AND 802, 8TH FLOOR, TOWER C EMBASSY 247, PARK, LBS MARG, VIKHROLI MUMBAI. ,HARYANA.

.......Respondent(s)

BEFORE:

T P S MANN , PRESIDENT MR. S . P . SOOD , JUDICIAL MEMBER MANJULA , MEMBER FOR THE APPELLANT:

SHRINILESH KUMAR PROXY COUNSEL FOR SHRI MAHENDER SINGH, COUNSEL FOR THE APPELLANTS.

FOR THE RESPONDENT:

SHRI PARVEEN GUPTA, COUNSEL FOR RESPONDENTS NO.1 AND 2. NONE FOR THE RESPONDENT NO.3.

DATED: 30/09/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.291 of 2023 Date of Filing:24.03.2023 Date of Order:- 30.09.2025

1. M/s Agarwal Packers & Movers (DRS Group) 321, 3rd Floor Kabra Complex, 61 M.G.Road, Secunderabad, (AP) 500003.

2. DRS Dilip Road Lines Pvt. Ltd. through its Managing Directors, having its Registered office at 306, 3rd Floor, Kabra Complex, 61, MG Road, Secunderabad, TG-500003.

…..Opposite Parties No.1 and 2/Appellants Versus

1. Sanjay Tanwani S/o Sh.M.L.Tanwani, 2. Anjali Tanwani wife of Sh.Sanjay Tanwani, Resident of A-9/2, s/f, 2, DLF Ankur Vihar, Loni, Ghaziabad, U.P.

..… Complainants No.1 and 2/Respondents No.1 and 2

3. Future Generali India Insurance Company Limited through it’s Managing Directors having its registered office at Unit No.801 and 802, 8th Floor, Tower C Embassy 247 Park, LBS Marg, Vikhroli (W) Mumbai, Mumbai City, Maharashtra-400083.

..…Opposite Parties No.3/Respondent No.3 CORAM: Hon’ble Mr. Justice T.P.S Mann, President.

Mr.S.P.Sood, Judicial Member Mrs. Manjula, Member.

Present:- ShriNilesh Kumar proxy counsel for Shri Mahender Singh, counsel for the appellants.

Shri Parveen Gupta, counsel for respondents No.1 and 2.

None for the respondent No.3.

O R D E R

T.P.S. MANN J.

1. Opposite Parties No.1 and 2-Appellants have filed the instant appeal under Section 41 of the Consumer Protection Act, 2019 for challenging the order dated 16.12.2022 passed by District Consumer Disputes Redressal Commission, Gurgaon whereby complaint filed by complainants-Sanjay Tanwani and another was allowed observing:-

“That being so, the complaint of the complainants succeeds, and, as such, the same is hereby accepted with costs. Accordingly, the opposite party No.1 is directed to pay Rs.1,00,085/- + Rs.29,680/- + Rs.46,216/- and plus Rs.14,550/- which have been charged by the OPs in excess as the same had already been paid by the complainant as per the quotation given by the OPs. The perusal of the photographs of some of the damaged goods shows that the said damaged articles are not in a repairable condition but since all the transported articles are not in a repairable condition but since all the transported articles were not received in a damaged condition, and the complainants have failed to give accurate/thread-bare details of the unrepairable goods along-with their exact value at the time of the damaged caused, and further, that some of the damaged goods were admittedly old ones and had already been in use of the complainants for a considerable time, so, this Commission is of the considered view that it would be in the interest of justice, if the OP No.1 is directed to pay an amount of Rs.2,00,000/- on account of the damage caused to the transported goods out of the claimed amount of Rs.5,50,040/-. The aforesaid amount shall be paid by the OP No.1 along with interest @ 9% per annum to the complainants from the date of filing of the complaint till its realization. The opposite party is further directed to pay compensation of Rs.1 lakh to the complainants for the mental harassment and suf

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