O R D E R

R.Vijayakumar, Member.

This is a complaint filed Under Section 12 of Consumer Protection Act.

(2)

The complainant’s case is that the parcel sent by him through the opposite parties as per way bill no.280370415 dated: 03.02.2010 containing 2 ½ kg of roasted cashew kernels, ½ kg of banana chips, ½ kg of mixture and 1 kg of health mix having a total value of Rs.1550/-reached at the destination point later. The valuable items were missing and the remaining items became unusable. The cover of the parcel found tampered and repacked. Even though the opposite parties received air freight charges Rs.743/- for delivery within two days, the goods did not reach at the destination point as assured. The complainant sent a letter to first opposite party on 08.02.2010 informing the matter and claiming damages. The first opposite party replied expressing extreme sorry for the inconvenience caused to the complainant and offering a free of cost shipment to Ambala up to 100 gm or up to 500 gm document/parcel to Kerala. The complainant is not amenable for that proposal. Hence the complaint is filed seeking compensation Rs.2500/- towards damages and Rs.1500/- towards mental agony sustained by the complainant because of the negligence and deficiency in service from the part of opposite party.

Even though sufficient opportunities had been given, the opposite parties remained absent. Hence set exparte.

(3)

The complainant filed affidavit PW1 examined. Exhibits P1 to P4 marked. The complainant was heard.

The points that would arise for consideration are:

1. Whether there is any deficiency in service on the part of opposite party.

2. Compensation and cost.

Points (1) and (2)

          As opposite parties remained absent, we are constrained to relay upon the evidence adduced by the complainant. We have perused the documents in detail. We find that this is a clean case for deficiency in service from the part of opposite party. The points found accordingly.

          In this result, the complainant is allowed directing the opposite parties to pay compensation Rs.4000/- and cost Rs.1000/- to the complainant.

          The order is to be complied with within one month of the date of receipt of the order.

(4)

          Dated this the 30^th day of June 2010.

K.Vijayakumaran          : Sd/-

Adv.Ravi Susha   : Sd/-

R.Vijayakumar    : Sd/-

/ / Forwarded by Order / /

     Senior Superintendent

I N D E X

List of witness for complainant

Pw1                               - K.Sahadevan Nair

List of documents for complainant

P1                                  - Weigh Bill

P2                                  - Declaration dtd: 03.02.2010.

P3                                  - Office copy of notice dtd: 08.02.2010.

P4                                  - Reply notice 10.02.2010.