IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Thursday the 31^st day of December, 2009

Filed on 16.09.09

Present

1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)

in

C.C.No.295/09

between

Complainant:-                                             Opposite Parties:-

Sri.T.J.Joseph,                                            1.         DTDC Courier & Cargo limited,                      

Residing at Thaiparambil house,                              Corporate Office, DTDC House 3,                  

Venice No.3,                                                          Victoria  Road, Bangalore-47.

Thathampally ward,                                               

Thathampally.P.O, Alleppey.                      2.         DTDC Courier & Cargo limited,                      

(By Adv.D.Sahadevan Nair)                                   Branch Office, Raiban Shopping Complex,  

                                                                              Near Boat Jetty, Alleppey 11

O R D E R

SRI.JIMMY KORAH (PRESIDENT)

The complainant case is as follows:- The complainant, on19th March 2009 entrusted an envelope containing an application for availing electric connection from KSEB with the 2^nd opposite party to be sent the same to his son in Dubai. For the said purpose, the opposite party charged an amount of Rs.950/-(Rupees nine hundred fifty only), and the complainant paid the same. The opposite party assured the complainant that the said article would be served on the addressee within four days. Contrary to the assurance tendered by the opposite party, the envelope was not served to the addressee till 1^st April 2009. The application was sent to the complainant's son to get it signed and to submit the same before the KSEB. Given the urgency of the situation, on 1^st April 2009 the complainant's son had to come over to Alappuzha, to purchase another application and to produce the same before the authorities. The service of the opposite party is deficient which caused financial loss and immeasurable inconvenience to the complainant's son. The addressee had to invest more than Rs.50000/-(Rupees fifty thousand only) for the purpose of coming over to Alappuzha. The complainant sent a registered notice to the opposite party which evoked no kind of response. Got aggrieved on the acts and omissions on the part of the opposite parties, the complainant approached this Forum for compensation and relief.

1. Notice was sent. The opposite parties did not make it a point to turn up. Resultantly, the opposite parties were set expartie.

                        2. The complainant filed proof affidavit and produced the documents Exbts Al to A8 were marked.

            3. The sole question arises, on the basis of the contentions in the compliant for consideration is:-

            (a) Whether the complainant is entitled to the relief sought for in the complaint?

            4. We went through the materials put on record by the complainant. The complainant duly produced the courier consignment note and the air way bill issued by the 2^nd opposite party. The complainant fervently contended that he suffered mental agony and a financial loss to the tune of more than Rs.50000/-(Rupees fifty thousand only). The complainant emphatically asserted that, the loss he sustained was due to the negligence and deficiency of service on the part of the opposite party. As we have already observed, the opposite parties were neither keen on appearing before this forum nor to rebut the evidence let in by the complainant. Needless to say the complainant's evidence stands unchallenged and we have no course open but to accept the evidence of the complainant.

            5. For the forgoing facts and findings herein above, the  opposite parties are directed to pay an amount of Rs.15000/-(Rupees fifteen thousand only) as compensation to the complainant which will serve the purpose. The complainant is entitled to a cost of Rs.1000/-(Rupees one thousand only) from the opposite parties. The opposite party shall comply with the said order within 30 days of receipt of this order.

Pronounced in open Forum on this the 31^st day of December, 2009

.                                                                                                                                                                                                                                               Sd/-Sri. Jimmy Korah

Sd/-Sri. K. Anirudhan

Sd/-Smt. N. Shajitha Beevi           

Appendix:-

Evidence of the complainant:- 

Proof affidavit in lieu of position

Ext. A1            -           The Courier Consignment Note dated, 19/03/09

Ext. A2            -           The Air way Bill dated, 19/03/09

Ext. A3            -           The copy of the Passport belongs to the son of the complainant

Ext. A4            -           The E-mail of Air Ticket dated, 01/04/09

Ext. A5            -           The registered Notice dated, 01/04/09     

Ext. A6            -           The Postal Receipts dated 01/04/09 series 2 in numbers           

Ext. A7            -           Postal Acknowledgement dated, 02/04/09    

Ext. A8            -           The letter issued by the Postal Authority dated, 27/05/09

Evidence of the opposite parties:- Nil 

// True Copy //

                                                                                 By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by:- k.x/-       

Compared by:-