Date of filing:22-01-2014
Date of Disposal: 03 -06-2014
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: ANANTHAPURAMU
PRESENT:- Sri S.Niranjan Babu, B.A.,B.L., President (FAC).
Smt.M.Sreelatha, B.A., B.L., Lady Member
Tuesday, the 3rd day of June, 2014
C.C.NO.06/2014
Between:
M.Sainath
S/o M.V.Rao
Retired Lecturer,
D.No.23/23, Sai Nagar
Dharmavaram Town,
Ananthapuramu District. …. Complainant
Vs.
- DTDC Courier & Cargo Ltd.,
rep. by its Authorized Signatory
Anguman Circle, Main Road
Ananthapuramu District.
- DTDC Courier & Cargo Ltd.,
rep. by its Authorized Signatory
DTDC House, 3, Victoria Road
Bangalore – 560 047.….Opposite Parties
This case coming on this day for final hearing before us in the presence of Sri P.Venkatanarayana, Advocate for the complainant and opposite parties 1 & 2 called absent and set-exparte and after perusing the material papers on record and after hearing the arguments on complainant’s side, the Forum delivered the following:
O R D E R
Smt.M.Sreelatha, Lady Member:- This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the opposite parties 1 & 2 claiming a sum of Rs20,000/- towards compensation for non-delivery of cover, Rs.10,000/- towards mental agony and deficiency of service and Rs.5,000/- towards costs of the complaint in total Rs.35,000/- with interest @ 18% p.a. from 23-10-2013 till the date of payment.
2. The brief facts of the complaint are that :- The complainant is a permanent resident of Dharmavaram and he is a retired lecturer. The 1st opposite party is a Branch Office situated at Dharmavaram and 2nd opposite party is situated at Bangalore. .The complainant submitted that on 25-10-2013 he has booked a cover through the 1st opposite party in order to forward the same to the addressee G.Lakshminarayana, Hyderabad vide Consignment No.H-15506048, but the opposite parties have neither delivered the said cover to the addressee nor returned to the complainant. The complainant made enquiry and learnt that the above said cover was misplaced by the opposite parties. Then the complainant sent a letter on 25-10-2013 to the opposite parties and the same was received and gave a reply by the 2nd opposite party on 06-11-2013 stating that “ the above said shipment is returned back to shipper and apologized for the hardship caused by them.” The complainant submitted that the opposite parties have not delivered the cover to the addressee. It is a clear case of deficiency of service and gross negligence on the part of the opposite parties. If the above said cover is returned to the complainant, the 2nd opposite party should have filed the acknowledgment to that effect but they did not produce any single scrap of paper evidencing that they returned the said cover to the complainant. Then the complainant got issued a legal notice on 10-12-2013 for which there is no reply though the same was served to the opposite parties 1 & 2. Hence it is a clear case of deficiency of service on the part of the opposite parties in not delivering the cover booked by the complainant. Hence, the complainant is entitled the compensation towards mental agony and costs.
3. The opposite parties 1 & 2 are called absent and set-exparte.
4. Basing on the above pleadings, the points that arise for consideration are:-
1. Whether there is any deficiency of service on the part of the opposite parties
1 & 2?
2. To what relief?
5. To prove the case of the complainant, evidence on affidavit of the complainant has been filed and marked Ex.A1 to A5 documents.
6. Heard complainant’s side.
7. POINT NO.1 - The counsel for the complainant argued that the complainant booked a cover containing important letter through the 1st opposite party on 25-10-2013 vide consignment Note No.H-15506048 and the same was not delivered to the addressee nor returned to the complainant. When the complainant made enquiry he learnt that the above said cover was misplaced by the opposite parties. The complainant sent a letter on 25-10-2013 and the 2nd opposite party gave reply on 06-11-2013 stating that shipment is returned to shipper and apologized for the hardship caused by them. But the opposite parties have not field any paper acknowledging that the complainant has received the above said cover. Then the complainant got issued a legal notice on 10-12-2013 for this there was no reply from the opposite parties though the same was served to them. Hence it is a clear case of gross negligence and deficiency of service on the part of the opposite parties. Hence, the complainant is entitled the claim alongwith mental agony and costs.
8. When we go-through the pleadings of the complainant and documents filed by him it is clear that the complainant booked a cover through 1st opposite party on 25-10-2013 vide consignment under Ex.A1. The complainant stated in the complainant that on 25-10-2013 he sent a letter to the opposite parties, but the same was not filed before this Forum. The complainant stated in the complaint that he made enquiries through opposite parties and learnt that the cover was misplaced. In the entire complaint except stating the cover containing important letter, what is that letter is not mentioned in the complaint. More-over the complainant stated that on 25-10-2013 i.e. on the same day he sent a letter dt.25-10-2013 to the opposite parties is not reliable one. The complainant stated that for the letter the opposite parties have given a reply under Ex.A2 dt.06-11-2013 stating that the shipment is returned back to the shipper. When we go-through Ex.A2 the 2nd opposite party addressed a letter stating that the consignment is returned back to the shipper. When the consignment is returned to the shipper, the question of apology or regret does not arise as contended under Ex.A2 by the opposite party’s endorsement in Ex.A2 is not true, because the complainant has not received the cover sent by the opposite parties. When the opposite parties received legal notice dt.10-12-2013 under Ex.A3 they have not replied for the same. Generally public used to send goods to the addressee to reach it in time, whereas in the present case why the opposite parties did not turn up to file counter, when they stated under Ex.A2 that the cover was returned to the shipper. There is no recital in Ex.A2 that when the same was returned to the complainant. When we discuss to decide the quantum of compensation, we are unaware in the pleadings that what type of important letter was sent by the complainant for which he suffered a lot. Hence, we considered the booking of cover and not delivered to the addressee. It is an admitted fact that there is gross negligence on the part of the opposite parties 1 & 2 as they have not delivered the cover booked by the complainant. Moreover they have not given any reply to the legal notice nor contested in the case, though the opposite parties engaged counsel they did not turn up to file neither counter nor affidavit. Hence, we are of the opinion that it is a clear case of deficiency of service on the part of the opposite parties 1 & 2.
9. POINT NO. 2 - In the result, the complaint is partly allowed directing the opposite parties 1 & 2 to pay a sum of Rs.1,500/- towards compensation for deficiency of service, Rs.500/- towards costs of the complaint and the opposite parties 1 & 2 are jointly and severally liable to pay the same to the complainant within one month from the date of this order; failing which the complainant is entitled interest @ 6% p.a. on the said amount from the date of this order till the date of realization.
Dictated to Steno, transcribed by him, corrected and pronounced by us in open Forum this the 3rd day of June, 2014.
Sd/- Sd/-
LADY MEMBER, PRESIDENT(FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU ANANTHAPURAMU
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT: ON BEHALF OF THE OPPOSITE PARTIES
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
Ex.A1 - Courier Consignment Note No.H-15506048 dt.25-10-2013 issued by the 1st opposite
Party to the complainant.
Ex.A2 - Letter dt.06-11-2013 sent by the 2nd opposite party to the complainant.
Ex.A3 - Office copy of legal notice dt.10-12-0213 got issued by the complainant to the
Opposite parties 1 & 2.
Ex.A4- Postal Receipts.
Ex.A5 - Postal acknowledgment signed by the 2nd opposite party.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES
Sd/- Sd/-
LADY MEMBER, PRESIDENT(FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU ANANTHAPURAMU
Typed by JPNN
