DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 8^th day of February, 2023

Present      :    Sri.Vinay Menon V., President

                 :    Smt.Vidya A., Member           

                  :   Sri.Krishnankutty N.K., Member                                    

   Date of Filing: 13/09/2021

CC/139/2021

Manjith Murali C

S/o Muralidharan Nair

Padmasree, Gokula Street

Koduvayur Post

Palakkad -678 501                                                     -        Complainant

(By Adv. M/s. Sunish K Abraham & Shyamsree)

Vs

1. Cross Country Packers & Movers

NO. 20/A, Second Main

Rani Chanamma Road

Rajiv Gandhi Nagar

HSR Layout, Bommanahalli

Bengaluru, Karnataka

Represented by Authorised Signatory /MD

2. The Branch Manager

Cross Country Packers &Movers

Head Office

NO 9, Srirampura

Bengaluru, Karnataka - 560 082

(1^st and 2^nd opposite party Abated)

3. The Authorised Signatory

M/s. Reliance Retail Limited

Reliance Digital

Khata No. 192/81P, 8/1-67/34/1

Beratena, Agrahara Village, Begur

Hubli - Hosur Main Road

Bengaluru – 560 068                                                  -        Opposite parties 

(By Adv. Sheela M. K)

O R D E R

By Sri.Krishnankutty N.K., Member

1. Pleadings of the Complainant.

The complainant sent his Refrigerator and other house hold articles from Bengaluru to his residence in Palakkad through the 2^nd opposite party which is the branch office of 1^st opposite party paying Rs. 16,520/- as the freight charges on 03/10/2020.  When the consignment was delivered on 05/10/2020, it was found that the Refrigerator was fully damaged due to mishandling during the transportation.

The complainant sent complaint mails to the e-mail id of the 2^nd opposite party provided in their website but all were returned undelivered.  Then he sent complaint to consumerhelpline.gov.in, but there was no response from them.  Hence he approached this Commission seeking a total compensation of Rs. 1,00,000/-

2. Notice was issued to the opposite parties.  3^rd opposite party entered appearance and filed version.  Their contention is that they are an unnecessary party to this complaint since the damage caused to the refrigerator is due to the improper handling during transportation by other opposite parties and not liable to pay any compensation to the complainant.  Since the notices to 1^st & 2^nd opposite parties returned undelivered with endorsement "insufficient address", the complainant was directed to submit their e-mail ids.  As the notices sent to their mail ids returned undelivered, the complainant was asked to take steps for paper publication in vernacular newspaper having circulation in Bengaluru.  The complainant failed to carry out this order and hence the case against 1^st & 2^nd opposite parties stand abated.

3. The complainant   has been continuously absent during the proceedings and hence the case was taken for orders based on merits.

4. The complainant hasn't filed proof affidavit and marked any documents as evidence.  He didn't take any steps to ensure the issuance of notices to 1^st and 2^nd opposite parties inspite of clear direction from this Commission.  He was continuously absent during the proceedings of the case.  He also dragged the 3^rd opposite party to this case unnecessarily without showing any deficiency in service on their part.  All these indicate that he is not serious in proceeding with the case.

5. Hence, in the absence of any material, even to prove a prima-facie case against the opposite parties, the complaint is dismissed.

Pronounced in open court on this the 8^th day of February, 2023.

                                                                                                  Sd/-        

                                                                                Vinay Menon V

                                                         President 

                                                                Sd/-

                                                         Vidya A

                                   Member   

                                                                                                      Sd/-

                                                                                     Krishnankutty N K

                                                                                            Member

Appendix

Documents marked from the side of the complainant: Nil

Documents marked from the side of opposite party: Nil

Witness examined- Nil

Cost- Nil

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.