Lawfarm Team
in Consumer Law Contracts Law Civil Law Constitutional Law
Asked June 07, 2016

Packers and movers have breached the contract of delivery of car

  • 1 Answer
  • 152 Views

I had sent my car from Bangalore to Mumbai via a local packers and movers. They had promised that the car will be delivered within 4 days to my Mumbai house. But its been almost 30 days and they still do not have delivered it. They are delaying it by giving some reason or other. What options do I have?

Answer 1

The local packers and movers here are legally bound to return your car in a proper condition and within the time period specified by them initially. Since you have already contacted them several times and they have failed to return your car you can take the following steps to get back your car:-

  • You can send a legal notice[1] to the company. This would serve the purpose of indicating the company that you are willing to take legal action against it if your demand for return of your car is not fulfilled.
  • You can also file a police complaint against the company. If the company does not return your car, you can take more severe step and file a police complaint against the wrongful retention of your car.
  • The above mentioned steps should serve your purpose; however, if these steps fail to yield the desired result, you may file a complaint against the company before the District Forum[2], or the State Commission[3] or the National Commission[4], based on their respective jurisdictions and the present case.
  • Note:- To initiate a consumer case against the company, the first step is to establish you as a consumer and to prove that there has been deficiency of service on the part of the company.  As per Consumer Protection Act, 1986[5], a consumer is any person who buys any good for a consideration or who avails any service for a consideration. In this case, you are availing the company’s service of delivering your car from Bangalore to Mumbai, clearly establishing you as a consumer of the company in question. “Deficiency” in service is any inadequacy in relation to any service. [6] In this case, the company has not adequately provided his service by failing to return you car as per the promised time frame. Hence, it can be evidently established that there has been deficiency of service on the part of the company.

    [1] Format available at: http://www.affidavitformhub.com/legal-notice-format/.

    [2] S. 11 of Consumer Protection Act, 1986; Available at: https://indiankanoon.org/doc/1094200/.

    [3] S. 17 of Consumer Protection Act, 1986; Available at: https://indiankanoon.org/doc/1749394/.

    [4] S. 21 of Consumer Protection Act, 1986, Available at: https://indiankanoon.org/doc/86602/.

    [5] S. 2(1)(d); Available at: https://indiankanoon.org/doc/1516524/. [6] S. 2(1)(g) of Consumer Protection Act, 1986.

     

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