By: Smt. Mini Mathew, Member
The case of the complainant in brief is that his son Amithab is working in UAE and he sent a T.V from there on 16.5.14 to the complainant through ABC AL BARAKATH CARGO L.L.C Express Cargo after paying 360 Dirham being the freight charges. At the time of entrusting the T.V to the Cargo on 16-5-14 the complainant's son was informed that they have tie -up with 1,2,3,cargo E.M.E.A.College Road, Karippur, Kondotty ie the Respondent herein and the T.V will be delivered to the complainant's home through the respondent. On 30-6-14 the opposite party delivered the T.V to the complainant's house and which was packed also . At the time of the delivery of the parcel the complainant was not there is his house. When the complainant came home he opened the parcel and found the T.V completely broken. The T.V was damaged because of the careless un-loding of the opposite party. This matter was informed to the opposite party over phone and personally and requested them to get his grievances redressed. Despite that there was no response on the part of the opposite party. Hence this complaint.
Notice was issued to opposite party by registered post and opposite party received the same also. Opposite party was absent and set exparte on 21-11-14. Complainant examined as PW1 and document marked as Ext. A1. The Claim proved. No contra evidence was adduced. Eventhough the opposite party was given an opportunity to submite and defind his case before the Forum he did not care to do so. This Forum finds that there was negligence on the part of the opposite party in handling the item which was sent through them. The complainant's case is that the T.V is worth Rs. 29700/-. But no evidence regarding this aspect is placed before this Forum to substantiate his case. Therfore this Forum does not accept this. But as stated above the T.V sent by the son of the complainant was damaged due to the negligence of the opposite party and therefore the complainant is entitled to be compensated for the same.
In the result, we partly allow the complaint and order opposite party to pay a sum of Rs.15000/- towards the price of the T.V, Rs.4900/- towards the parcel charges along with Rs.1000/- towards cost of this proceedings within one month from the date of receipt of copy of this order.
Dated this 18th day of December, 2014
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K.MOHAMMED ALI , PRESIDENT
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R.K.MADANAVALLY , MEMBER
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MINI MATHEW, MEMBER APPENDIX
Witness examined on the side of the complainant : PW1
PW1 : Complainant,P.K.Rajan
Documents marked on the side of the complainant : Ext.A1
Ext.A1 : Packing List of AL Barakath Cargo L.L.C. Express Cargo
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
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K.MOHAMMED ALI , PRESIDENT
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R.K.MADANAVALLY , MEMBER
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MINI MATHEW, MEMBER
