KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No. 329/2010

JUDGMENT DATED: 09-07-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU    :   PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                   : MEMBER

Vijay Anand, Manager,

Professional Couriers,

Apsara jewellary Building,                                   : APPELLANT

Market Road, Kayamkulam.

(By Adv:Sri.N.G.Mahesh)

            Vs.

Basheerkutty,

Cheeramath House,                                              : RESPONDENT

Near Fire Station, Kayamkulam.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT

Appellants are the opposite parties/couriers in CC.148/09 in the file of CDRF, Alappuzha.  The appellants are under orders to pay Rs.2450/- the value of the parcel and Rs.550/- courier charges collected and Rs.10,000/- as compensation and Rs.2000/- as cost.

2. The matter is with respect to non delivery of the parcel entrusted with the opposite party on payment of Rs.550/- towards the courier charges.  Not only the parcel was not delivered but the parcel returned was an empty one without the article entrusted.

3.  The evidence adduced consisted of the testimony of PW1, RW1, Exts.A1 to A4 and Ext.B1.  We find that the Forum has considered the evidence adduced in the matter in detail.  It is seen that the parcel had weighed 5.Kg.   It did not reach the destination but was returned after so many days.  It was found that the mobile number of the addressee was also provided.  Further no records as to the intimation given to the addressee were produced.  There is no explanation for the missing of the article involved.  We find that there is no scope for admitting the appeal.

In the circumstances the appeal is dismissed in-limine.

Office will forward copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:   PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.