BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                        :  PRESIDENT

SMT. R. SATHI                                          :  MEMBER

SMT. LIJU B. NAIR                                    : MEMBER

C.C. No. 08/2016 Filed on 07.01.2016

ORDER DATED: 06.10.2016

Complainant:

Venkat Subramonian, C/o 7-24,Statue Home, Statue Tower, Statue, M.G. Road, Thiruvananthapuram-695 001.

                                       (Party in person)

Opposite party:

M/s Bustan (BPL) Express Cargo & Courier Service, Rural Thamarassery, Odakunnu, Opposite Petrol Station, Parappanpoyil P.O, Kozhikode-673 573.

This C.C having been heard on 12.08.2016, the Forum on 06.10.2016 delivered the following:

ORDER

SMT. R. SATHI:  MEMBER

In the instant case while travelling from Dammam, Saudi Arabia on exit visa the complainant booked cargo of opposite party.  The total weight of the cargo was 86.50 kg.  The complainant sent the cargo to his care of address in Hotel Silversand at Thampanoor, Thiruvananthapuram.  After booking the cargo his visa was delayed for four months and when he informed this to the opposite party, the opposite party promised that they will not deliver the cargo until his arrival.  But the opposite party delivered the cargo to the hotel before his arrival and the same was resent to the head office at Calicut of the opposite party.  During this process one of the cartons was broken and the contents shipped back to BPL, Calicut.  While effecting the delivery of the cargo on September 10, 2015, the complainant received only carton boxes HWB A 0158821 (29.50 kg) and HWB A 0158822 (5 kg) i.e. total weight of 34.50 kg and one bag of 5 kg from the broken carton box AO 158820 (52 kg).  On enquiry he was told that the carton box was broken and contents kept elsewhere.  Thus the remaining cargo from the carton box weighing around 47 kg is yet to delivered to him.  The remaining cargo from A 0158820, around 47 kg valued at about Rs. 14/15 lakhs.  Hence the complainant approached this Forum for reimbursement of undelivered cargo in value of cash. 

Notice issued to the opposite party was returned, but the complainant filed affidavit stating that the opposite party is now working under the new name Bustan Express Cargo and Courier Service and located in the same postal area.  Then the notice was again sent on the new address of the opposite party.  However, that notice was also returned.  As the notice was sent in the correct address of the opposite party, it is deemed that service has been complete. 

The complainant filed affidavit in lieu of chief and marked Exts. P1 to P5.  

Issues:

1. Whether there is any deficiency of service or unfair trade practice on opposite party’s side?
2. Whether the complainant is eligible for any reliefs as sought for?

Issues (i) & (ii):- In the instant case complainant booked cargo of opposite party and sent cargo to his care of address.  But when the cargo was delivered to the address given by the complainant, he did not reach there.  So the same was returned to Head Office of the opposite party at Calicut.  Whileso, one of the cartons was broke open and received only a bag weighed 5 kg, out of 52 kg.  The complainant produced Exts. P1 to P5.  The Ext. P1 produced by the complainant shows the articles that he has sent through the cargo.  According to complainant he had received only 5 kg and the remaining around 47 kg valued at about Rs. 14/15 lakhs.  Here the opposite parties failed to come before this Forum for contesting the case.  Notice has been issued in the address of the company.  Complainant filed affidavit stating that on enquiry it is found that the BPL Cargo & Courier Service is now operating under the new name Bustan Express Cargo & courier Service in the same area in the old postal address.  Notice was also issued in the new name.  Complainant has also already sent reminder to the old company before filing the complaint here.  On going through the documents produced by the complainant, there is no reason to disbelieve the complainant.  Hence complaint is allowed by directing the opposite parties to return the items in carton (HWB # A0158850) along with cost of Rs. 2,500/-.

In the result, complaint is allowed by directing the opposite party BPL/Bustan Express Cargo & Courier Service to return the items in the carton within one month from the date of receipt of this order, failing which the opposite party Bustan Express Cargo and Courier Service shall pay the compensation amount of Rs. 14 lakhs claimed by the complainant with cost of Rs. 2,500/-.  If the order is not complied within the above said period, the complainant is entitled to realize interest also @ 12% on the amount of Rs. 14 lakhs from the date of default till payment.   

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 6^th day of October 2016.

     Sd/-

R. SATHI                                : MEMBER

      Sd/-

P. SUDHIR                              : PRESIDENT

      Sd/-

                                                                        LIJU B. NAIR                         : MEMBER

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C.C. No. 08/2016

APPENDIX

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

P1      - Copy of consignment No. HWB A0158820

P2      - Copy of consignment No. HWB A0158821

P3      - Copy of consignment No. HWB A0158822

P4      - Copy of consignment No. HWB A0160383

P5      - Copy of reminder letter dated 05.11.2015

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

                             NIL

                                                                                                      Sd/-

PRESIDENT

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