ORDER

 

By L.Jyothikumar, Member.

 

            The petition was filed on 30.12.2006. The petitioner had booked 11 articles with the Ist opposite party at DAMAM to be delivered to his wife at Kandassankadavu in Kerala. The Ist Opposite party issued the receipt after verifying the articles and collected an amount of 411 Saudi Riyal as freight (service) charges. The articles thus booked included photos with wooden frame 2 in numbers. The parcel was taken for delivery by the addressee at Calicut. The photos were found missing and only the frames got delivered. This fact was informed to both opposite parties. But the missing articles were never been delivered nor returned. Hence this petition seeking for compensation for the mental agony and financial loss suffered by the complainant.

 

            Notice issued to the Ist opposite party was not served. But the notice issued to the 2^nd opposite party was served and filed a version by denying the allegations in the petition. When the case was posted  for the cross examination of the complainant, both parties were called absent and set exparte.

 

            Affidavit was filed on behalf of the complainant by the power of Attorney Holder, who was examined as PW1 and Ext.A1 to A4 were marked. PW1 has deposed that the opposite party had promised to deliver the article to the complainant. So Opposite party-1 has collected an amount of 411 Saudi Riyal as service charges. Several times opposite parties were informed the missing of two photo graphs. No steps was taken by them to redress the grievances of the Complainant. From the affidavit and exhibits the case of the complaint is proved. Hence we are of the opinion that the complainant is entitled for relief.

            Even though complainant is entitled for relief it seems that the complainant has requested for a huge amount as compensation. Hence we are of the opinion that the complainant is entitled to get some amount along with compensation.

 

            In the result the petition is allowed and the opposite parties are directed to pay an amount of Rs.5000/- as compensation and cost of Rs.1000/- to the complainant within one month on receipt of the copy of the order.

 

Pronounced in the open court this the 30^th  day of    April 2011.

Date of filing:30.12.2006.

 

 

           SD/-PRESIDENT                          SD/-MEMBER                  SD/- MEMBER

APPENDIX

 

Documents exhibited for the complainant:

A1.Packing List issued by the first opposite party to the complainant dt.02.04.2005

A2. Office copy of the Notice issued by the complainant to the opposite party 

       dt.19.12.2005.

A3.Acknowledgement card of the notice received by the second opposite party

      dt.28.12.2005.

A4. Fax receipt of the notice issued to first OP dt.19.01.2006.

 

Documents exhibited for the opposite party;

   Nil

 

Witness examined for the complainant:

PW1.Priyesh(P.A.Holder of the complainant)

         Parayangattil(H)Kizhakkummuri.PO,Peringottukara.-680571.

 

Witness examined for the opposite party:

 None

                                                                                                            Sd/-President

 

//True copy//

 

 

(Forwarded/By Order)

 

 

 

SENIOR SUPERINTENDENT