DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 31st day of October 2018
Present : Smt.Shiny.P.R, President
: Smt.Suma.K.P, Member
: Sri. V.P.Anantha Narayanan, Member Date of Filing : 20/02/2018
CC No.27/2018
K.P.Mohammed Faizal,
S/o K.P.Kunchimoideen Kutty,
Proprietor, Faizal Indutries,
8/727-S-India -
Menonpara Road, Kanjikkode,
Palakkad Dist.
Pin - 678 621.
(Adv.Girish K.Nochulli) - Complainant
Vs
Blue Dart, Express Limited - Opposite party
Represented by Mr.Nazim Ali,
Express Sales Associate,
Budhi Vihar, Opposite Gate No.2,
Delhi Road, Moradabad – Dist.
244001-UP.
O R D E R
Order by Smt.Shiny.P.R, President.
Brief facts of complaint:
On 21/09/2017 complainant had entrusted a parcel of four plastic bags containing polish materials which are used for polishing brass items of the complainant amounting Rs.8,307/- with an original bill No.1786 dated 21/09/2017 with the opposite party to sent it to the complainant’s industry at Palakkad for which opposite party issued a receipt LR No.54764501514 by saying that transportation amount of Rs.2,336/- can be paid after taking delivery of the parcel. They promised that the parcel will be delivered within one week. Complainant submitted that they were not delivered parcel to the complainant’s industry till the date of filing complaint. There after several times complainant enquired with the opposite party about the non delivery of the parcel. But they have no response for the same. Then complainant has caused to issue a lawyer notice to opposite party. Complainant submitted that non delivery of the parcel amounts to deficiency in service on the part of opposite party and due to the act of opposite party he has suffered financial loss and mental agony. Hence the complaint. Complainant prays for an order directing opposite party to pay a total amount of Rs.68,307/- with 18% interest from the date of complaint till realization for the value of goods and for compensation. Complaint was admitted and issued notice to opposite party. After receiving the notice opposite party did not appear before the Forum. Hence name called absent set-exparte.
Complainant filed chief affidavit and documents. Documents were marked as Exts.A1 to A3. Evidence was closed and matter was heard.
The following issues that arise for consideration are.
- Whether there is any deficiency in service on the part of opposite party?
- If so what is the relief and cost?
Issues 1 & 2
We have perused the affidavit and documents filed before the Forum. On the perusal of Ext. A1 it is revealed that complainant had sent a parcel of four plastic bags containing polish materials from Moradabad to Palakkad through the opposite party’s parcel service. Complainant submitted that till the date of filing complaint opposite party did not deliver the parcel to the destination and due to the act of opposite party he had incurred a huge loss and mental agony. Opposite parties remained absent and there is no contra evidence to disprove the case of the complainant. Hence the complaint is allowed. We direct opposite party to pay an amount of Rs.68,307/- (Rupees Sixty Eight Thousand Three hundred and Seven only) to the complainant as compensation for the mental agony suffered by the complainant and also to pay Rs.2,000/- (Rupees Two Thousand only) as cost of proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 31st day of October 2018.
Sd/- Shiny.P.R. President Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Original Receipt issued by the Opposite Party dated 21/09/2017.
Ext.A2 - Photo copy of receipt issued by Damodar Das Radhakrishnan Opposite party.
Ext.A3 - Registered Lawyer Notice and postal receipt issued by Counsel of Complainant to the Opposite Party dated 06/10/2017.
Cost : Rs.2,000/-
