BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Thursday the 26th day of March, 2009
C.C.204/08
Between:
Mahanandeeswara Swamy Temple, Mahanandi, By its Executive Officer, Mahanandi ,
H.No.7-1, Mahanandi Mandal, Mahandandi-518 673, Kurnool District. … Complainant
Versus
- B.Bala Krishna, S/o.B.Baludu, The Professional Couriers
H.No.7-35, Devastanam Colony, Mahanandi ( V and M), Kurnool District.
2. The Manager, The Professional Couriers,
Shop No.5, VPCR Complex, Gandhi Chowk, Nandyal, Kurnool District.
3. The Managing Director, Professional Couriers , ZED Arcade,
Corporvali Office 101, Paradise Centre, M.G.Road, Secunderabad-3 … Opposite parties
This complaint is coming on this day for orders in the presence of SriA.V.Subramanyam , Advocate, for the complainant, and opposite parties 1to 3 is called absent set-exparte and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. K.V.H.Prasad, President)
C.C.No.204/08
1. This case of the complainant is filed U/S 12 of C.P.Act seeking direction on the opposite parties t to 3 to return the cover booked by the complainant under courier service of the opposite parties to pay Rs.50,000/- towards mental agony and loss and Rs.5,000/- as costs alleging the deficiency of service of the opposite parties in their failure of delivering the legal sized cover containing valuable documents to the commissioner Endowment Department , Tilak road, Hyderabad which was booked by the complainant on 07-05-2008 from the courier of the opposite party No 1 through opposite party No.2 by paying Rs.15/- and the opposite parties conduct of not even caring either to return the said cover or giving a proper response to the legal notice of the complainant dated 02-06-2008 and there by ensured not only deficiency of service but also mental agony .
2. In pursuance of the receipt of the notice of this forum as to this case of the complainant the opposite parties remained absent to the case proceedings and there by remained ex-parte and so the case is proceeded for disposal on the merits .
3. In substantiation of the contentions the complainant side has taken reliance on documentary record in Ex.A1 to A3 besides to his sworn affidavit in reiteration of its contentions .
4. The Ex.A1 is the consignment receipt bearing No. NDL 45902 envisaging the booking of consignment by the complainant to a Commissioner Endowment Department , Hyderabad and a receipt of Rs.15/- for said courier service, the said Ex.A1 bears its date of origination dated 07-05-08 . The office copy of legal notice which was acknowledged by opposite parties under the postal acknowledgement and courier receipts there under in Ex.A2 by taking its mention lends corroboration to the Ex.A1. The Ex.A3/A5 the reply of the opposite party No. 2 admits the alleged consignment booked on 07-05-2008 under the Ex.A1 even though takes other evasive replies as to the missing of the booked consignment of the complainant sent under courier , the fact of missing of the documents sent under consignment of Ex.A1 that they taken mention in the Ex.A4 letter addressed by the complainant to the Commissioner. In the absence of any denial of the said courier there appears bonafides in the grievances of the complainant as to the article lost at the deficiency of service on the opposite parties . Especially when the opposite parties has not taken any defence in reference to any terms and conditions of Ex.A1. As the article lost at the deficiency of the courier services of the opposite parties was said to be containing valuable documents the opposite party in their joint and several liability are either to see the delivery of said consignment booked under the Ex.A1 to its proper addressee by tracing it out or to pay compensation for the loss and mental agony ensued to the complainant .
5. Consequently , in the result of the above discussion , the complaint is allowed directing the opposite parties in their joint and several liability to deliver the article booked under Ex.A1 tracing it out to the addressee mentioned in Ex.A1 or to return the same to the complainant tracing it out along with fee collected for said service and to pay an amount of Rs.5,000/- as compensation for mental agony ensured to the complainant at the deficiency of service of the opposite parties as to the booked article , the value of which complainant not disclosed and Rs.2,000/- as cost of the case as the complainant was driven to the forum for redressal by his grievances at the conduct of the opposite parties . Time granted to the opposite parties for compliance of the above award is one month from the date of receipt of this order. In default the opposite parties in their joint and several liability to pay the supra stated award with 12% interest from the date of default till realization .
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 26th day of March , 2009.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Consignors copy dated 07-05-2008.
Ex.A2. Office copy of legal notice dated 02-06-2008 along with three postal receipts and three acknowledgements.
Ex.A3. Xerox copy of reply of OP.No.2 dated 23-06-2008.
Ex.A4. Letter dated 10-06-208 of complainant to commissioner
Endowment Department, Hyderabad.
Ex.A5. Letter dated 23-06-2008 to the complainant from opposite parties.
Ex.A6. Letter dated 30-06-2008 of complainant to Commissioner
Endowment in R.C.No.A5/409/2008 dated 25-06-2008.
List of exhibits marked for the opposite parties: Nil
Sd/- Sd/-
MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
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