CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 29th day of November, 2014
CC.NO.111/2014
PRESENT : SMT. SEENA. H, PRESIDENT Date of filing: 11/08/2014
: SMT. SHINY.P.R ,MEMBER
: SMT. SUMA K.P, MEMBER
Janardhanan,
S/o.Ganapathy Nair,
Kunniyath House, Nagaripuram P.O,
Mannur – 678 642, Palakkad District, : Complainant
Kerala State. Presently working as:
Asst.Secretary, India Coffee House,
Coffee Board, #1, Dr.B.R.Ambedhkar Veedhi,
Bangalore-560001, Karnataka State.
(By Adv.Raghudas S.G)
Vs
1. DTDC Courier & Cargo Limited,
Reptd. By its Branch Manager,
DTDC Courier & Cargo Limited,
Millians Road, Bangalore-52 : Opposite parties
2. DTDC Courier & Cargo Limited,
Reptd. By its Branch Manager,
DTDC Courier & Cargo Limited,
Chittur, Palakkad.
O R D E R
By Smt. Shiny . P. R. Member.
Brief facts of the case:- The complainant has sent a Power of Attorney of his wife through courier of 1st opposite party on 9-5-2014 for executing partition deed or any other documents . All the arrangements were made and the other family members get together keeping their time and travelling long distance from different places. Thereafter the execution and registration of document was not taken place because of the non receipt of the Power of Attorney executed by the one of the member of the family from Bangalore. The delay was caused a lot of inconvenience for members of the family. Because of the delay the members have to be returned to their places without executing the intended document. The Power of Attorney was sent on 9-5-2014 and the same was delivered only on 16-5-2014 at 4.55 PM. The 2nd opposite party ought to have been intimated by way of the cell number stated on the envelope. If it would have been happened the purpose of the family members get together will be accomplished. The said inaction of the opposite party has caused a lot of pain and suffering to the complainant. The 1st opposite party promised that the consignment will be delivered to the addressee on the next day of booking since the address shown in the envelope is a government office. Believing the promise the complainant sent the consignment through the 1st opposite party. Since the Power of Attorney has not been obtained the execution and registration of the document was not taken place. The said situation happened because of the deficiency of service rendered by the opposite parties. Hence the complaint. Complainant prays for Rs.50,000/- (Rupees Fifty thousand only) towards pain and sufferings, Rs.10,000/- (Rupees Ten thousand only) towards non delivery within time, Rs.10,000/-(Rupees Ten thousand only) towards the amount spent for the purpose of travelling and Rs.10,000/- (Rupees Ten thousand only) for the cost of the complaint.
Complaint was admitted and issued notice to opposite party. After receiving the notice, opposite parties did not appear before the forum. Hence set exparte.
Complainant filed his affidavit. Ext. A1 to A3 marked from the side of the complainant.
The following issues are considered.
1. Whether there is any deficiency in service from the part of opposite parties?
2. If so what is the relief and cost?
ISSUES 1 & 2
Complaint heard: - We have perused the documents on record. As per Ext.A1 the complainant booked a consignment with the 1st opposite party on 9-5-2014 for Rs.60/-. Ext.A2 shows that complainant received the consignment only on 16-5-2014. Opposite parties had taken 7 days for delivering the articles to Chittoor, Palakkad. Complainant submitted that since the Power of Attorney has not been obtained in time, the execution and registration of the document was not taken place and the family members gathered together after getting leave and keeping away all other emergency situation have to be left with the lot of pain and suffering. Non delivering the articles within time amounts to deficiency in service from the part of the opposite parties. As the opposite parties not adduced any evidence to the contrary, the evidence tendered by the complainant stands unchallenged.
In the view of above discussions, we are of the opinion that there is deficiency in service from the part of opposite parties. Hence complaint is allowed partly. Opposite parties are jointly and severally liable to pay Rs.2,500/-(Rupees Two Thousand Five Hundred only) to complainant as compensation for the mental agony suffered due to deficiency in service of Opposite parties and Rs.1,000/-(Rupees One Thousand only) as cost of proceedings.
Ordered amount shall be paid 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 29th day of November, 2014
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/-
Smt.Suma K.P Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 - DTDC consignment Receipt of Rs.60/- dtd.09/05/2014.(Original)
Ext.A2 - Delivery Run Sheet dated 16/05/2014.(Photo copy)
Ext.A3 - Cover of consignment
Exhibits marked on the side of the opposite parties
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost allowed
Rs. 1,000/- (Rupees One Thousand only) allowed as cost of the proceeding.
