IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM

DATED THIS THE  31^St  DAY OF MAY   2018

Present: -    Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President

        Sri. M.Praveen Kumar,Bsc, LL.B ,Member

       CC.No.94/2017

Sasidharan Pillai                                       :                  Complainant

S/o Bhaskaran Pillai

Shibhu Bhavan

Punakanoor, Perumpuzha P.O

Kanyakuzhi

Kollam

V/S

          1.       Agency                                    :                  Opposite parties

                   ABT Parcel Service

                   Kanhangad

                   Kasargod

          2.       Abdul Vahid (Agency )

                   ABT Parcel Service

                   Kottiyam   

ORDER

SRI. M. PRAVEEN KUMAR, MEMBER

          This case is based on a consumer complaint filed by the complainant against 2 opposite parties Under Section 12 of the Consumer Protection Act ,seeking to direct the  opposite parties  to refund an amount of Rs.1600/- being the additional charges received by the 2^nd opposite party and also seeking direction to the opposite parties to pay Rs.6000/- as compensation for mental pain and sufferings due to the collection of illegal charge by the 2^nd opposite party along with costs of the proceedings.

(2)

The averment in the complaint in short are as follows. On 22/03/2017, the complainant had booked an article (mold of Rs.10,000/- weighing 440 Kg) through 1^st opposite party of Rs.3630/- for the delivery the article at the complainant’s residence at Kottiyam , Kollam. As per the information from the 2^nd opposite party, complainant approached to the 2^nd opposite party office for receiving the said article. Then upon the 2^nd opposite party demanded Rs.1600/- from the complainant Rs.1125/- being office expenses and Rs.475/- being loading charge. 2^nd opposite party delivered the article to the complainant only after receiving the additional charge of Rs.1600/-. According to the complainant the collection of additional charge Rs.1600/- from himself is an unfair trade practice and deficiency in service on the part of opposite parties. Hence complainant approached the Forum for relief.

          Though the 1^st opposite party received notice from this Forum they have neither appeared nor filed any written version. Notice to the opposite party 2 returned as unclaimed . Hence both parties set exparte on 04/05/2018.

Points for consideration:-

1.Whether there is any deficiency in service or unfair trade practice on the part of the opposite parties?

2. Whether complainant is entitled to get the amount claimed in the complaint with interest as prayed for in the complaint?

(3)

3.Reliefs and costs?

The complainant filed proof affidavit and got marked 2 documents as Ext.P1 and P2.

Heard the complainant.

Points No.1 and 2:-The specific case of the complainant is that on 23/2/17 complainant had booked an article (mold) through 1^st opposite party and remitted  Rs.3630/-as delivering charge. Ext.P1 receipt issued to the complainant would establish the same. While delivering article to the complainant the 2^nd opposite party has collected an additional charge of Rs.1600/-.Ext.P2 receipt issued to the complainant would establish the same.

          The unchallenged averments in the proof affidavit and Ext.P1 and P2 documents would establish the case of the complainant. After receiving delivery charge as per Ext.P1 receipt the opposite parties are not expected to recover any additional charge and hence receiving Rs.1600/- from the complainant as per Ext.P2 is a clear unfair trade practice.  Hence the complainant is entitled to get back the same from the opposite parties. According to the complainant as the 2^nd opposite party has insisted to pay additional charges and also obtained Rs.1600/- as per Ext.P2 he sustained mental agony and pain. Hence the complainant is entitled to get compensation and costs of the proceedings. The Points answered accordingly.

(4)

Point No.3

          In the result the complaint stands allowed, directing the opposite parties to pay Rs.1600/- with interest @9% per annum from the date of delivery of the article (27/03/17) Rs.5000/- as compensation and Rs.1000/- as costs of the proceeding within 45 days from today jointly and severally, failing which the complainant is entitled to realize the same with interest @12% per annum from the date of delivering the article (27/3/17) till realization from opposite parties 1 and 2 jointly and severally and from their assets.

Dictated to the  Confidential Assistant Smt.Vijimole.G transcribed and typed by her corrected by me and pronounced in the  Open Forum on this the  31^st day of May 2018.

                                                                                                E.M .MUHAMMED IBRAHIM:Sd/-                                                                                                                                                                    M.PRAVEENKUMAR:Sd/-

                                                                                                Forwarded/by Order

                                                                                                Senior Superintendent

INDEX

Documents marked for the complainant

Ext.P1:-  Receipt from ABT parcel service

Ext.P2:-  H/C Receipt from ABT parcel service, Kottiyam

                                                                                                E.M .MUHAMMED IBRAHIM:Sd/-

                                                                                     M.PRAVEENKUMAR:Sd/-

                                                                                    Forwarded by Order

                                                                                                Senior Superintendent