IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 25th day of April, 2012.
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C. No. 239/2011 (Filed on 12.12.2011)
Between:
Sreeja. C.,
Panachayil House,
Mudiyoorkonam P.O.,
Pandalam. … Complainant.
And:
Calicut Cargo Service,
Room No. B-145,
R.K. Residency,
Near Cargo Complex,
Calicut Air Port Post,
Malappuram Dist.,
Pin – 673 647. … Opposite party.
ORDER
Sri. Jacob Stephen (President):
The complainant has filed this complaint against the opposite party for getting a relief from the Forum.
2. The complainant’s case is that her husband employed in Qatar sent 18 domestic articles in the name of the complainant on 15.01.2011 from Qatar through the cargo service of the opposite party by paying 201 Qatar Riyal . At the time of delivering the articles, they assured that the same will be delivered to the complainant within 4 months at the complainant’s residence. But not so far, the said articles were not delivered to the complainant inspite of the request of the complainant and her husband. Since the articles were not delivered so far, the complainant sustained a loss of `60,000 for the articles lost and had other expenses and had sustained mental agony. The above said act of the opposite party is a clear deficiency in service and the opposite party is liable to the complainant for the same. Hence this complaint for the realization of ` 80,000 from the opposite party under various heads.
3. In this case, opposite party is exparte.
4. On the basis of the allegations of the complainant, the only point to be considered is whether the complaint can be allowed or not?
5. The evidence of this complaint consists of the oral deposition of PWs.1 and 2 and Exts. A1 to A3. After closure of evidence, complainant was heard.
6. The Point: The complainant’s allegation is that the domestic articles worth ` 60,000 sent by her husband from Qatar through the cargo service of the opposite party was not delivered to the complainant so far inspite of the repeated demands and requests of the complainant and her husband who sent the articles to the complainant’s residence. According to the complainant, the non-delivery of the articles by the opposite party is a clear deficiency in service and the complainant is entitled to recover the loss and damages from the opposite party for the losses sustained to her due to the above said deficiency in service of the opposite party.
7. In order to prove the case of the complainant, the complainant and her husband adduced oral evidences as PWs.1 and 2 and 3 documents produced were marked as Exts. A1 to A3. Ext. A1 is the printed advertisement of the opposite party. Ext. A2 is the cash receipt No. 2416 dated 15.01.2011 for 201 Qatar Riyal issued by the opposite party in the name of the complainant’s husband for collecting the cargo charges. Ext. A3 is the receipt dated 15.01.2011 issued by the opposite party in the name of the complainant’s husband for accepting the cargo items.
8. On the basis of the contentions and arguments of the parties, we have perused the entire materials on record and found that the opposite party is a firm dealing in cargo service and the complainant’s husband entrusted the opposite party certain domestic items at Qatar on 15.01.2011 for sending it to the complainant at her residence through their cargo service. According to the complainant, the said articles were not received by the complainant so far. The non-delivery of the said items caused financial loss and mental agony to the complainant. The complainant assessed the costs of the articles lost and other expenses and damages as ` 80,000. The non-delivery of the said articles by the opposite party is a clear deficiency in service and hence the opposite party is liable to complainant for the same. Since opposite party is exparte and there is no reason to disbelieve the case of the complainant, the complainant’s case stands proved as unchallenged. Therefore, this complaint is allowable as prayed for.
9. In the result, this complaint is allowed, thereby the opposite party is directed to pay ` 80,000 (Rupees Eighty thousand only) to the complainant as the cost of the articles lost and other costs and compensation within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount with 12% interest per annum from today till the realization of the whole amount.
Dictated to the Confidential Assistant, transcribed and typed by him, corrected by me and pronounced in the Open Forum on this 25th day of April, 2012.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkumar (Member) : (Sd/-)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Sreeja.
PW2 : Mohanan Pillai.
Exhibits marked on the side of the complainant:
A1 : Printed advertisement of the opposite party.
A2 : Cash receipt No. 2416 dated 15.01.2011 for 201 Qatar Riyal issued
by the opposite party in the name of the complainant’s husband.
A3 : Receipt dated 15.01.2011 issued by the opposite party in the name
of the complainant’s husband.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Sreeja. C., Panachayil House, Mudiyoorkonam P.O.,
Pandalam.
(2) Calicut Cargo Service, Room No. B-145, R.K. Residency,
Near Cargo Complex, Calicut Air Port Post,
Malappuram Dist., Pin – 673 647.
(3) The Stock File.
