BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.228/2008
Dated this the 3rd day of April 2012
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Smt. Jayasree Kallat, M.A. : Member
Sri. L. Jyothikumar, B.A., LLB. : Member
ORDER
By Jayasree Kallat, Member.
The petition was filed on 18.07.2008. The complainant had entrusted a parcel containing one set of two blades on 17.03.2007 for delivery to M/s. Lion Pictures and Frames India Pvt Ltd, Kolkotta. Usually it will take 14 days to reach the destination and it will be sharpened and returned to the sender within a period of two weeks. But the complainant did not receive the material even after one month. Complainant had repeatedly enquired for the parcel but in vain. After repeated enquires complainant received information from the opposite party that the parcel could be traced only up to Chennai and no further. The parcel sent did not reach the correct destination. Complainant used to send one set of blade for sharpening every month. At that time he has to keep another set of blade for use. As the set of blades send for sharpening did not return back the complainant had to buy a pair of new blades for which he had to spent Rs.12,000/-. The complainant’s work had to be stopped due to the non availability of the set of blades send for sharpening. The complainant had suffered financial loss and mental agony due to the negligence and deficiency in service of the opposite party. Hence this petition is filed alleging deficiency in service on the part of the opposite party and for the same reason seeking relief.
Opposite party No.1 filed version, denying the averments in the complaint except those that are expressly admitted. Opposite party denies that the complainant had booked a parcel with opposite party on 17.03.2007 to deliver M/s. Lions Pictures and Frames India Pvt Ltd, Kolkotta. The opposite party is a franchisee of D.T.D.C Courier of Cargo Ltd. If any customer wants this opposite party to send any valuable items opposite party insists the customers to insure the same at their own costs. After getting notice of the complaint opposite party had searched for the copies of the receipts issued on the particular day on which the parcel was alleged to be booked. There was no document in connection with the said parcels. There was no negligence or deficiency on the part of the opposite party. Hence opposite party prays to dismiss the complaint.
Notice was issued to Supplementary opposite parties 2 & 3 who were imp leaded later on. Notice to opposite party 2 & 3 were served, but they did not appear before the forum. Hence opposite party -2 & 3 were called absent and set exparte.
Points for consideration.
Point No.1. Whether any deficiency in service on the part of the opposite parties.
Point No.2. Whether the complainant is entitled for any relief?
Complainant was examined as PW1 and Exts.A1 to A4 were marked on complainant’s side. Opposite party was examined as RW1, no documents marked on opposite party’s side.
The case of the complainant is that he had send a parcel containing one set of blades on 17.03.2007 through the opposite party for delivery to M/s. Lion Pictures and Frames India Pvt.Ltd, Kolkotta to get the blades sharpened . Usually it takes about a month to get the blades sharpened and return back. But the parcel which was entrusted with opposite party on17.03.2007 did not returned back to the complainant after sharpening. The complainant had repeatedly enquired the opposite party about the parcel. But he did not get any response from the opposite party. The complainant had issued lawyer notice to the opposite parties which is produced and marked as Ext.A3. But the opposite party has not replied to the A3 notice. The opposite party has taken a contention that they have not booked a parcel on 17.03.2007 containing set of two blades to be delivered to M/s. Lion pictures and Frames Pvt. Ltd, Kolkotta. Ext.A1 is produced by the complainant which shows that R.K.Enterprises, Calicut had booked through DTDC Courier and Cargo Ltd a consignment to be delivered to Lion India Pvt Ltd. Bird Jute Mill Compound, Kolkotta.A2 is produced by the complainant it is certified by R.K.Enterprises stating that a set of frame cutting blade worth Rs.12000/- is send to M/s. Lions Pictures and Frames India Ltd, Kolkotta for sharpening service. Ext.A2 is seen to be issued in the name of R.K.Enterprises. During the time of evidence the complainant has adduced as PW1 and stated that R.K.Enterprises has sent the blades to Kolkotta for sharpening and he is the proprietor of the R.K.Enterprises. opposite party has also stated that they do not know about the contents of the parcel but Ext.A2 clearly gives the descriptions of the contents a set of frame cutting blade worth Rs.12000/-. Ext.A1 is issued by DTDC Courier and Cargo Ltd. From the evidence of PW1 it has come out that he had send a set of blade to Kolkotata for sharpening but it was not returned back. Ext.A1 to A4 are the proof to show that a consignment was sent from Calicut to Lion India Pvt. Ltd, Kolkotta. But there is no document produced by the opposite party to show that the parcel booked on 17.03.2007 by R.K.Enterprises has been returned back. After taking into consideration all the aspects put forward by both the parties and going through the documents A1 to A4 forum has come to the conclusion that opposite party was negligent and has not produced any proof to show that the consignment booked by the complainant was returned back . In such a circumstance we are of the opinion that negligence and deficiency in service has occurred on the part of opposite party. Point No.1 is thus proved.
Point No.2.After considering different aspects of this case the forum has come to the conclusion that there was negligence and deficiency in service on the part of the opposite party. Hence we are of the opinion that the complainant is entitled for relief. Even though complainant has stated that he has incurred a loss of 25000/- and sought for the cost of the pair of blades quoting 12000/- he has not produced any concrete proof to show the cost of blades or loss of business.
In the result the petition is allowed and opposite party is directed to pay an amount of Rs.10000/- for the mental agony complainant had suffered along with a cost of Rs.1000/- within one month of receipt of copy of the order.
Pronounced in the open court this the 3rd day of April 2012.
Date of filing:18.07.2008
SD/-PRESIDENT SD/-MEMBER SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1.Photocopy of courier consignment Note dtd.17.03.07.
A2. Notice of R.K.Enterprises dtd.16.03.07.
A3.Photocopy of Registered Lawyer notice to opposite party dtd.01.09.07.
A4.Tapal acknowledgement card with receipt dtd.03.09.07.
Documents exhibited for the opposite party
Nil
Witness examined for the complainant:
PW1.T.D.Lal(Complainant)
Witness examined for the opposite party:
RW1.Jimmy.V.C,Valliparambil House, Chakkttapara.PO,Perambra.Via, Calicut.
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
