CONSUMER DISPUTES REDRESSAL FORUM,PALAKKAD
Dated this the 21st March, 2016
PRESENT : SMT. SHINY.P.R, PRESIDENT
: SMT. SUMA. K.P, MEMBER
: SRI. V.P.ANANTHA NARAYANAN Date of filing : 19/06/2015
CC /90/2015
Vimal Karunakaran,
S/o.Karunakaran, Residing at
Kaniyamparambil, Nambullipura Post, : Complainant
Mailampulli, Palakkad Rep. by
Power of Attorney holder
K.S.Karunakaran, S/o.Sankaran
Residing at Kaniyamparambil,
Nambullipura Post,
Mailampulli, Palakkad
(By Adv.N.Anoopkumar)
Vs
Branch Manager,
M/s.The Professional Couriers : Opposite party
Service Centre, 3/470,
Farcy Commercial Centre,
Chandranagar, Palakkad.
(By Adv.Rajesh M Menon)
O R D E R
By Smt. Suma. K.P, Member,
The complainant is represented by the father and power of attorney holder of the original complaint. Complainant has sent the original medical bills and certificates and other medical documents of his father Karunakaran to Medical Insurance Officer, ESI dispensary Perumbavoor through opposite party as per consignment number 13185947 on 24/6/2013. This was sent for the purpose of reimbursement of the expenses of treatment. Inspite of reasonable time there was no reply from ESI and hence complainant make enquiries and to his surprise he found that the said consignment never reached the destination. Hence the complainant contacted the opposite party for the acknowledgement and the opposite party had given the counter copy of the receipt to the complainant which was sent along with the parcel. On demand opposite party had also provided the complainant a copy of their delivery run sheet with regard to the said consignment. But the complainant found that the seal or signature of the receiving party is not obtained in both of these documents. Hence the complainant alleges that the opposite party had not delivered the said parcel to the addressee. The complainant alleges that the above act of the opposite party amounts to deficiency of service and he had sustained and suffered a loss of Rs.2,50,000/-. Since the original documents are not available to the complainant he is not able to get reimbursement for an amount of Rs.1,50,000/- from ESI and for the mental agony and hardship he had claimed compensation to the tune of Rs.1,00,000/-. Hence the complainant issued a lawyer notice to the opposite party on 30/12/2012 for which the opposite party send a reply stating false allegations. Hence the complainant had approached before this forum demanding compensation for the alleged deficiency of service and for the mental agony, hardship suffered by him along with cost of this proceedings.
Notice was issued to the opposite party for appearance. Inspite of accepting the notice opposite party failed to appear before this forum hence he was called absent and set exparte . Complainant filed chief affidavit. Ext.A1-A8 was marked. The opposite party filed an application as IA 307/15 to set aside the exparte order. Complainant filed counter in the IA. IA was allowed on cost of Rs.500/- to complainant. Cost was paid and version was taken on file. Opposite party denied all the allegations in the complaint. They admit that a consignment numbered as 13185947 on 24/6/2013 was sent through the opposite party’s booked from Palakkad and the same was delivered on 25/6/2013 on its destination. It is not correct to say the delivery run sheet does not contain the seal and signature of the party who received the consignment . There is no proof that the consignment contained bills worth Rs.2,50,000/-. According to the opposite party, the consignment which is sent through the courier is promptly served on the destination. The consignment is delivered without any delay and hence there is no negligence or deficiency in service on the part of the opposite party and hence the complaint has to be dismissed.
The complainant was directed to file additional chief affidavit. No additional affidavit was filed by the complainant. Opposite party filed affidavit along with a document. Ext.A1-A8 was marked from the part of the complainant. Ext.B1 was marked from the part of the opposite party. Evidence was closed and the matter was heard.
The following issues are to be considered.
- Whether there is any deficiency of service on the part of the opposite party?
- If so, what are the reliefs and cost?
ISSUES 1 & 2
We had perused the documents produced before the Forum. it is evident from Ext.A8 which was also marked as Ext.B1 which is the delivery run sheet maintained by the opposite party regarding the delivery made on 25/6/2013. It is found that the said consignment is the item No.10 of that document and it is seen that neither seal nor signature of the receiving party is not obtained in that particular column. In the rest of the entries from item No.1-9 it can be seen that either seal or signature is obtained by the receiving party. Even if the opposite party alleges that he had delivered the consignment on 25/6/2013, he had not produced any evidence to the effect that the said consignment was delivered to the addressee on that particular date. Hence it can be inferred that the opposite party has not delivered the consignment to the addressee or the said consignment had never reached the destination. Hence we are of the view that the opposite party had committed deficiency in their service. The next issue is with regard to the claim to the petition. From Ext.A4 –Ext.A6 it can be seen that complainant was admitted at Lakshmi Hospital under the treatment of Dr.Jayagopal and he underwent emergency Angioplasty + stenting to right circumflux artery. Even if the complainant had not produced medical bills regarding the expenditure incurred, it can be presumed that in normal course a person requires an amount of Rs.1,50,000/- for conducting a surgery of this nature.
In the light of the above discussions we allow the complaint we direct the opposite party to pay an amount of Rs.1,50,000/-(Rupees One lakh Fifty thousand only) towards the medical expenses incurred by the complainant along with Rs.10,000/- (Rupees Ten thousand only) as compensation for the mental agony suffered by him along with Rs. 1,000/-(Rupees One Thousand only) as cost of this proceedings. The aforesaid amount shall be paid within one month from the date of receipt of this order failing which complainant is entitled to get 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 21st day of March, 2016.
Sd/-
Shiny.P.R
President
Sd/- Suma. K.P
Member
Sd/-
Anantha Narayanan.V.P
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1 –Original Power of Attorney dtd.06/12/2014
Ext.A2 series– Copy of registered lawyer notice dtd.13/12/2013 and postal receipt and ack.card
Ext.A3 - Reply of registered lawyer notice with cover dtd.04/01/2014
Ext.A4 - Photocopy of medical certificate, Lakshmi hospital, Palakkad dtd.14/06/2012
Ext.A5 - Photocopy of discharge summary, Lakshmi hospital, Palakkad dtd.26/05/2012
Ext.A6 series- Lab reports dtd 26/06/2012
Ext.A7 series – Consignment receipt dtd.24/6/2013
Ext-A8- Photocopy of delivery run sheet dtd.21/06/2013
Witness marked on the side of complainant
Nil
Exhibits marked on the side of opposite party
Ext.B1 - Original delivery run sheet dtd.21/06/2013
Witness examined on the side of opposite party
Nil
Cost Allowed
Rs.1000/- as cost.
