Date of Filing:       09.09.2019

                                                                                                                 Date of Disposal:  31.01.2020

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR-1

PRESENT: THIRU.   J. JUSTIN DAVID., M.A., M.L.,                      .…. PRESIDENT

                  THIRU.  D.BABU VARADHARAJAN, B.Sc., B.L.,        ……MEMBER-II

CC No.35/2019

THIS FRIDAY THE 31^st   DAY OF JANUARY 2020

S.Sivasankaran,

S/o.Mr.Sadasivam,

No.2, S.G.S. Palace IB,

Madurai Perumal Nagar,

Valsaravakkam, Chennai - 600 087.                                              ….. Complainant. 

                                                                        //Vs//

Aggarwal Logistics Packers & Movers TM,

(A Unit of SVS Group),

No.37, VND Anna Nagar,Senneerkuppam,

Poonamallee,Chennai - 600 056.                                                  ….Opposite party.                                      

This Complaint is coming upon for final hearing before us on 22.01.2020 in the presence of J.Soram Jain, counsel for the complainant and the opposite party was set ex-parte for non appearance and perused the complainant documents and argument on the side of the complainant this forum delivered the following:

ORDER

PRONOUNCED BY THIRU.J.JUSTIN DAVID, PRESIDENT

This complaint has been preferred by the complainant Under Section 12 of the consumer protection Act, 1986 against the opposite party to direct the opposite party to pay a sum of Rs.5,000/- for the cost of undelivered item of Preeti Mixie and to pay a sum of Rs.30,000/- towards compensation for causing mental agony to the complainant and to pay a sum of Rs.5,000/- towards cost of the complaint.

2.The brief averment in the complaint is as follows:-

The complainant had booked with the opposite party packed seven household materials (parcel) to be delivered from Chennai to Bangalore on 28.06.2019 to the complainant’s daughter Mrs.Sripradha Sankruthi residing at Flat No.105, 1^st Floor, Sri Garnet Park, ITPL Main road, Hoodi, Bangalore through the opposite party Aggarwal Logistics Packers & Movers (A unit of SVS Group) and was expected to be delivered on 30.06.2019 and freight bill No.5181 in which seven items are mentioned and total amount paid by the complainant was 8140/-.  The complainant who cargoes 7 household items (Parcel) through the opposite party were as follows:- (1)  LCD TV :1 No., (2) CLOTH STAND :1No, (3) BOXE S:4 Nos.(4) MIXIE :1No. The opposite party had delivered the above mentioned parcel to the complainant daughter’s address at Bangalore on 2^nd  July 2019, with the delay of 3 days from the promised date of delivery of the parcel, promised dated (30.06.2019) where 1 item i.e. Preeti Mixie was missing.  It was a shock and surprise for the complainant that the household articles were not delivered to his daughter on promised date.  Where only 6 items out of 7 were delivered and complainant’s daughter had mentioned on the delivery receipt that item i.e. Preeti Blue Leaf Mixie was missing and hence 6 items were delivered to the complainant’s daughter. The complainant from Chennai had called the opposite party to let them know about the delivery status, but there was very poor response.  The complainant had sent a mail to the opposite party on 03.07.2019 seeking to deliver the mixie to the complainant’s daughter or to the complainant again.  But there was no reply sent for the mail sent by the complainant.   Hence a legal notice was sent by the complainant to the opposite party on 08.08.2019 to deliver the undelivered mixie, but till date there is no response by the opposite party.  The opposite party had not kept the trust to deliver the items to the address mention in the delivery book and give the update to the customers.  This is purely a breach of trust and duty.  Hence this complaint.

3. In spite of notice duly served to the opposite party from this Forum the opposite party neither appeared nor represent through counsel.  Hence the opposite party was set ex-parte.

4. In such circumstances, this Forum decided to conclude this matter fully on merits with available evidence and documents put forth before this Forum though the opposite party is set Ex-parte.

5. On the side of the complainant, the complainant filed proof Affidavit in order to substantiate his case and Exhibit A1 to A6 are marked on his side. Written arguments filed and oral arguments also adduced on the side of complainant.

6. At this juncture, the points for determination before this Forum are as follows:-

(1)Whether there is any deficiency in service on the side of the opposite party as alleged in the complaint?

2. Whether the complainant is entitled for Rs.5,000/- towards cost of the undelivered item of Preeti Mixie?

(3) Whether the complainant is entitled for compensation and costs from the opposite party?

(4) To what other reliefs, this complainant is entitled to?

7. Point No.1 to 3:-

The case of the complainant is that the complainant booked seven items of parcel to be delivered to his daughter at Bangalore through the opposite party on 28.06.2019 and believed their words that the parcel will be delivered on 30.06.2019, but the opposite party delivered only six item of parcel with delay of 3days that is on 02.07.2019 though the complainant paid total freight charges of Rs.8140/- to the opposite party and therefore the complainant filed this complaint before this Forum.

8. It is goes without saying that, it is bounden duty of the complainant to prove the averments made in the complaint against the opposite party by means of relevant evidence though the opposite party had remained ex-parte.   At the outset, on careful perusal of the evidence Ex.A1 he has booked seven items of parcel to be delivered to his daughter at Bangalore through the opposite party on 28.06.2019. Ex.A1 is the consignor copy issued by the opposite party to the complainant in which it is stated that the number of packages is 7, house hold goods not for sale, 1 LCD TV, 1ClOTH STAND, 4BOXS, 1MIXIE, Bill No.5894 and date of booking 28.06.2019 from Chennai to Bangalore and Ex.A2 is the copy of transportation charges bill issued by the opposite party on 28.06.2019. The above said documents proved that the complainant booked seven items of parcel to be delivered to his daughter at Bangalore through the opposite party Aggarwal Logistics Packers & Movers.

9.  It is further seen from the evidence of Ex.A4 the complainant sent an e-mail to deliver the preethi mixie to his daughter or to the complainant but the complainant did not have any fruitful results and therefore the complainant has issued legal notice on 08.08.2019 to the opposite party to deliver the preethi mixie to his daughter or to the complainant even the said notice received  by the opposite party and the acknowledgement card marked as Ex.A5 and for which the opposite party has neither sent any reply nor to comply the demand of the complainant.

10.  In such circumstances, from the evidence of the complainant, it is crystal clear that the complainant has proved the allegations made in the complaint against the opposite party by means of acceptable and reliable documents.  Whereas, in spite of Ex.A4 notice sent to the opposite party, the opposite party kept silent and not come forward to comply the demand of the complainant nor to sent any reply in order to deny the allegations made in Ex.A4.  Moreover, after filing of this complaint before this Forum, though the notice sent from this Forum and the same was received by the opposite party, he is not chosen neither to appear before this Forum nor to represent through any person and therefore he was set ex-parte.  From the non appearance of the opposite party it can be clearly understand that the opposite party has no valid reason to rebut the claim of the complainant. From the above facts and evidence, it goes without saying that the allegations made by the complainant against the opposite party with regard to the deficiency of service has been clearly proved.  Hence the complainant is entitled for Rs.5,000/-towards cost of preeti mixie and compensation and cost of proceedings from the opposite party. Thus the point nos. 1 to 3 are answered accordingly.

11. Point No.5:-

In the result, this complaint is allowed in part.  Accordingly the opposite party is directed to pay a sum of Rs.5,000/- towards cost of Preeti Mixie which was not delivered by the opposite party to the complainant’s daughter and to pay a sum of Rs. 10,000/- (Rupees ten thousand only) towards compensation for causing mental agony to the complainant due to the deficiency in service on the part of the opposite party and also to pay sum of Rs.5,000/-(Rupees five thousand only) towards cost of litigation to the complainant.  With respect to other reliefs this complaint is dismissed. 

The above said amount shall be  payable by the opposite party within three months from the date of receipt of the copy of this order failing which, this said amount shall carry interest at the rate of 9% per annum till the date of payment.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the president and pronounced by us in the open forum of this 31^st January 2020.

   -Sd-                                                                                                                      -Sd-

MEMBER-II                                                                                                     PRESIDENT

List of document filed by the complainant:-

List of document filed by the opposite party:-

-Nil-

   -Sd-                                                                                                                   -Sd-

MEMBER-II                                                                                                    PRESIDENT