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The transporter is guilty of negligence and deficiency in service — for not taking due care and delivering the goods in damaged condition. He is also guilty of unfair trade practice because he gave you a false assurance about how the furniture is going to be transported. Your sister must write to the transporter, list out the damage caused and the loss suffered. Take pictures of each damaged piece nd attach them. I hope she has listed the furniture that was damaged in the delivery note and got the delivery boys to sign. Send a photocopy of that too. If the transporter does not respond positively, then she should file a complaint before the consumer court, seeking compensation for the loss of goods and for the distress caused. Before filing the case, send a notice to the transporter by registered post, acknowledgement due, so that you have proof of receipt. In Delhi Assam Roadways Corporation vs B.L.Sharma (December 12, 2002) the National Consumer Disputes Redressal Commission had made it clear that sending such a notice as required under Section 10 of the Carriers Act was mandatory before filing a complaint before the consumer court. This has to be sent within six months of the date of delivery (of goods).
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MY sister bought
furniture from a shop in Delhi, for her house in Chennai. The
transporter who was to pack and deliver it promised that it would be
sent in a closed container, without any damage. When it reached her,
she found that it had been transported in an open container and many
packages were broken and damaged. She asked the transporter for
compensation but he is not responding. What should she do now?