Date of filing :19-02-09 Date of order :05-08-09 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C.No.55/09 Dated this, the 5th day of August 2009. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER A.V.Vijayan, Pratheeksha, Vinayaka Road, } Complainant Kanhangad. (In Person) 1. Branch Manager, Professional Courier, } Opposite parties Railway Station Road, Kottachery, Kanhangad. (Adv. Abdul Jamal, Kanhangad.) 2. Branch Manager, Professional Courier, Puthiyatheru, Chirakkal. (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Bereft of unnecessaries the case of the complainant is that the opposite parties did not deliver him a letter sent from Kerala Clays& Ceramics Pvt. Ltd inviting him to a meeting of Board of directors in that he is a director. As a result he came to know about the meeting only when he received a telephone call from the company on the day of meeting. So in order to attend the meeting he had to hire a vehicle and there by sustained monetary loss. Hence the complaint claiming a compensation of Rs.10,000/-. 2. Opposite party No.1 appeared through counsel and filed version. Notice to opposite party No.2 returned as unclaimed since opposite party did not care to collect the notice from the post office even after due intimation. Hence opposite party No.2 set exparte. 3. According to opposite party No.1 the complainant is not a consumer as there is no privity of contract between complainant and opposite party No.1. On merits it is the say of the opposite party No.1 that the cover addressed to the complainant was received by him on 27-01-09 and the serving person of opposite party No.1 tried to serve it in his address. But he was not there. Hence he was contacted over phone but he did not respond. Therefore the cover was sent back to opposite party No.2 on 28-01-2009 itself. 4. Opposite party No.1 also took a contention that as per the terms and conditions agreed upon by the parties the loss for any cause is restricted to Rs.100/-. 5. Complainant examined as PW1 and Ext.A1 the copy of the consignment note in proof the sending the cover by Kerala Clays & Ceramics, Pappinisseri is marked as Ext.A1. Opposite party has produced Ext.B1 the carbon copy of Non-Delivery Advice is marked. 6. The contentions of opposite party No.1 is that the complainant is not a consumer and there is no privity of contract is not sustainable. The service of the opposite parties availed by Kerala Clays & Ceramics became complete only when the consignment is delivered to the consignee. The consignee is therefore a beneficiary of the service and the definition of consumer includes the beneficiary of the services. Hence the complainant is a consumer. 7. The next contention is that as per the terms and conditions agreed upon the liability of carrier is limited to Rs.100/- only for any cause. The said contentions is also not applicable in this case since there is no such agreement between the Kerala Clays & Ceramics and opposite parties. The space provided for the signature of the sender in Ext.A1 is seen left blank. Hence there is no agreement which curtails the liability of the opposite parties to Rs.100/- for any cause. 8. On merits the narrations of opposite party No.1 is that the delivery agent tried to deliver the article but the complainant was not there at his house and to the call made to his phone there was no response. But opposite party No.1 has not adduced any evidence to prove this contentions. The Ext.B1 non-delivery advice proves the case of the complainant that the articles not delivered to him. Why did opposite party No.1 return the cover to opposite party No.2 on the next day i.e. 28-01-09 itself without making a second attempt to deliver it to the consignee also proves the deficient nature of service. Usually no carrier will return an article to the consignee on the next day itself and will explore all the possibilities to deliver it to the addressee. The rule of courier service shall be to DELIVER and not to RETURN. 9. Therefore it is clear that opposite party No.1 committed deficiency in service by not delivering the cover addressed to the complainant. Therefore opposite party No.1 is liable to compensate the complainant for the mental agony loss and hardships sustained to him. Therefore the complaint is allowed and opposite party No.1 is directed to pay Rs.2500/- to the complainant with a cost of Rs.1000/-. Opposite party No.2 is exonerated from liabilities. Time for compliance is limited to 30 days from the date of receipt of copy of order. Failing which the said amount Rs.2500/- will carry interest @ 10% from the date of complaint till payment. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1.Copy of consignment note. B1. Carbon copy of Non-Delivery advice. PW1. A.V.Vijayan Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
