D.o.O:30/6/2017
IN THE CONSUMER DISPUTES REDRESSAL FORUM IDDUKKI
CC.NO.303/16
Dated this, the 30th day of June 2017
PRESENT:
SRI.S.GOPAKUMAR : PRESIDENT
SRI.BENNY.K. : MEMBER
K.P.Sunny, Kunthanapillil House,
Thadiyampadu Kara, Idukki 685602. : Complainant
(Adv.Shiji Joseph)
Managing Directior of Asian Packers and Movers
Neb Sarai Sarket, IGNU Road, New Delhi - : Opposite party
(Exparte)
ORDER
SRI.BENNY.K. : MEMBER
The complainant is an agriculturist by profession and he lives the income from the agriculture. The opposite party is the Managing Director of Asian Packers and Movers engaged in the business of parcel movement having reg. office in New Delhi and having distribution net work all over India. The complainant manufactures value added products from his agricultural product like jack fruit, coca, coconut etc, and he exhibits the product in various trade fairs. Complainant and his friend participated in the fair with his products at Prakathi Maithan New Delhi in November 2015. After the fair 3 cartons of food items were not sold and hence he had to bring them back to home, for that complainant booked from new Delhi with the opposite party to complainant’s address and agreed to pay Rs.2400/- while taking the order opposite party agreed to deliver the food product within 8 days . The complainant has to exhibit those product at Thodupuzha Karshika Mela held in Dec.2015. Believing the words of opposite party the complainant booked the item worth Rs.70,000/-. Even after stipulated time the product did not delivered by the opposite party. The complainant contacted to the opposite party several times but no response from the opposite party. After that the opposite party delivered the product on 13/1/2016 with damaged condition. The driver of the vehicle acknowledged the same. On 30/1/2016 the complainant issued a notice to the opposite party for demanding Rs.70000 as compensation. But the opposite party never replied so far. Hence the complaint approached before the Forum for getting compensation.
Inspite of the notice from the Forum opposite party never turned up nor filed any written version and remained absent hence set exparte.
3. The point for consideration is whether there is any deficiency in service on the part of opposite party and if so for what relief the complainant is entitled to ?
4. The evidence consist of oral testimony of PW1 and Exts.P1 to P3 marked on the side of the complainant.
5. The Point: PW1 had booked 3 cartons of
food items with the opposite party having registered office in New Delhi. The complainant participated in the fair with his agricultural products at Prakathi Maithan New Delhi in November 2015. After the fair 3 cartons of food items were not sold out and hence he had to bring them back to home, for that he approached and booked from new Delhi for that he to paid Rs.2400/- shows Ext.P1. While taking the order opposite party agreed to deliver the food product within 8 days from the date of booking. These product had to exhibit at Thodupuzha Karshika Mela held in Dec.2015. Believing the words of opposite party the complainant booked the item worth Rs.70,000/-. Even after stipulated time the food product did not reached. The complainant contacted the opposite party several times but no response from the opposite party. The opposite party delivered the product only on 13/1/2016 ie 47 days later and after booking and all the product was in a damaged condition and the driver of the vehicle acknowledged the damage of the product shows Ext.P2. On 30/1/2016 the complainant issued a notice to the opposite party for demanding Rs.70000/- as compensation. But in spite of the notice ,the opposite party never turned up. Hence the complaint approached before the Forum for getting compensation.
For going through the evidence it is clear that due to the delay in delivering of the food products, the all food product s were in damaged condition hence the complainant is entitled for compensation . Opposite party never turned up nor adduced any evidence.
Hence the petition allowed. Opposite party is directed to pay Rs.70,000/- with 9% interest and pay Rs.5000.- as cost and compensation to the complainant within 30 days from the date of receipt of copy of this order .
Pronounced in the open forum on this 30th day of June 2017
Sd/
SRI.BENNY.K :MEMBER
Sd/
SRI.S.GOPAKUMAR : PRESIDENT
Exts.-
P1-Receipt of Rs.2400/-
P2- taxi fare receipt
PW1-K.P.Sunny-Complainant
eva
