SRI. SAJEESH.K.P     : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019 seeking direction against the OP to pay Rs.25,000/- towards the delayed and expired items and Rs.3000/- towards the taxi fare incurred during the travel to cargo and also to pay Rs.8740/-  which is cargo charge paid by complainant.  The complainant is also prayed to get Rs.75000/- towards the mental agony suffered by  him  as compensation.

Complaint in brief :-

   On  19/1/2021 complainant sent 33.2kg , 32.4 kg of things from Dubai through OP’s cargo after paying Rs.8740/- to his wife residing at Kannur, Kerala, India.  At the time of entrustment of things OP promised the delivery of  45 days.  But it reached only on 2022 March.  The delay was explained by OP that the customs clearance was not over and they will compensate for any loss if any.  The complainant reached his home land after terminating  his job service thereafter he  purchased  a lot of things for  his differently abled child  including eatables , tooth paste , cream, biscuits etc from Dubai became useless.  Moreover, complainant ended his job in Dubai and not in a position to purchase things from there and  he spent a lot of money to purchase things.  The OP told that they will compensate for the loss he suffered  ended in providing a  voucher of Rs -160AED which was not usable to complainant since he ended his job in Dubai.  This was intimated to OP but to this date OP never provide any solutions to the  deficiency in service from their part.  The complainant suffered mental and financial hardship due to the irresponsible  activities of OP and hence this complaint.

         After filing this complaint, notice  was issued to OP which was duly served.  The OP  has not  appeared before the commission and not filed any version.  Hence the commission   held that  the OP has no version  as such in this case  came to be  proceed against the OP as set exparte.

         Even though, the opposite party has  remained exparte, it is for the complainant to establish the allegation made by him against the  OP.  Hence the  complainant was  called upon to produce evidence in the form of affidavit and documents.  Accordingly the  complainant  has chosen to produce his affidavit along with 2 documents  marking as Exts.A1&A2.  So the OP remained  absent in this case.  At the end the commission heard the case on merit.

           The commission hereby perused documents produced by complainant alone since the OP remained exparte.  Ext.A1 , which is the tax invoice issued by OP distinctly stated about the items booked for  delivery  and the complainant agreed the terms and conditions  stated in Ext.A1.    The customers  declaration of shipping  goods specifically stated that the  missing of box defined as undelivered when the  shipment  causes delay after 45 days of agreed delivery date and also categorically  stated that delay can also be caused by customs clearance, weather etc which was agreed by   complainant and booked the shipment.     In the  complaint itself,  complainant   stated that opposite party  explained the delay of one year caused in delivery of shipment was due to delay in customs clearance.  The commission   perused the date of booking of consignment is on 19/1/2021.      Ext.A2  series shows the   photographs of items those expiry date was almost over.     But there is no other documentary   evidence before  the commission to prove the price of the whole items which the complainant  became  misfortunate to use  due to the  expiry   issues.   The value of items which is naturally   and   easily  perishable and not in a  condition to  consume  and   toiletries   items seen   in  Ext.A2 series    which  is  in  expiry  date   cannot  be    ascertained by

 the commission.  OP has given fair chance to defend his case and he remained exparte.  Hence the commission came into a conclusion that the OP should compensate complainant for the loss sustained  by nature and of those items which was  outdated and there is deficiency in service from the part of OP

       In the result complaint is allowed in part.  The opposite party is directed to pay Rs.15,000/- towards the compensation to the complainant   for the items which  he was unable to use or consume and also to pay Rs.2000/-  as cost of litigation to the complainant within 30 days of receipt of this order.  In default  the amount of Rs.15,000/- carry  with 9% interest  per annum from the date of order till realization.   Failing which complainant is at liberty to file execution application against  opposite party as per the provisions of Consumer Protection Act 2019.

Exts:

A1- Tax invoice

A2series- Printout of photographs

PW1-Sasidharan-Complainant

Sd/                                                         Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR