By Sri.M.P.Chandrakumar .,  Member :

                    The case of the complainant is that he had entrusted a parcel of food items to send to his son, a research scholar in IIT, Kanpur, Lucknow through the 2^nd opposite party, vide consignment no. D 18810920/ 15-07-14, paying Rs.950/- as service charges. The food articles were sent as a mark of his love and affection to his son and also to celebrate a particular occasion. The 2^nd opposite party had assured that the parcel would be delivered within days for which they collected the telephone number of his son. However, even after two weeks, the parcel was not delivered .The complainant therefore approached OP2  in the matter , who, in turn assured that they would make enquiry  and let the complainant  informed about the delivery details of the  parcel. But, surprisingly, the opposite parties have neither delivered the parcel nor furnished a reply. When numerous personal approach and verbal requests failed to yield any result, the complainant sent a lawyer notice dated 3-11-14 to the opposite parties , requesting  to compensate Rs.1500/- being the cost of the food articles ,Rs.950/- towards service charges collected from the complainant  and also compensation and cost. Even though the opposite parties have received the notice, they neither sent a reply nor acted as requested for in the notice. Due to the acts of the opposite parties, the complainant has suffered mental agony; pain and financial loss .According to the complainant, the act of the opposite parties constitute deficiency of service and unfair trade practice. The complaint                                                                                                         filed   to direct the opposite parties to pay Rs.1500/- being the cost of food articles, Rs.950/- towards service charge collected and also compensation and cost.

                   2. In the version filed, the opposite party admits the receipt of the consignment .According to the 1^st opposite party, even though the complainant had declared the contents as food items, and its value as Rs.1500/- at the time of booking, they had not paid additional payments like risk surcharge .The complainant had not also provided any proof regarding the value of the food items. But, considering the size of the consignment, the opposite party had collected Rs.950/- as its freight. On enquiry, the opposite party understood that the consignment was misrouted and lost in transit. As such, when the complainant approached, the opposite party agreed to pay the complainant, the alleged value of Rs.1500/- and the freight charge of Rs.950/-.But, the complainant was not ready to  accept the same and insisted on Rs.10,000/- as compensation also. On receipt of the lawyer notice, the opposite parties had reiterated its offer to settle the matter as already informed. But, the complainant was not willing to do so. Thus, according to the opposite party, the intention of the complainant is to make undue monetary gain out of the incident. According to the opposite party, as per the terms and conditions that are specifically mentioned in the consignment note leaf , in the event of damage or loss to goods, the liability of the opposite parties , under the contract between the parties is limited to Rs.100/- , unless the sender declares a higher value as ‘’declared value for carriage ‘’ and also pays the applicable risk surcharge known as ‘’carriers risk’’ , at the time of tendering the shipment. The minimum surcharge for carriers risk is Rs.50/- or 2 % of the declared value of the carriage and the complainant has not paid the amount, to entitle the sender to claim the declared value. The opposite parties liability is limited under the provisions of the carriers act/carriage by road act. Moreover, the sender will have to produce documents to prove the contents and its declared value at the time of booking. In the instant case, the complainant has not produced any documents. In the said circumstances, he is not entitled to any claims .There is no unfair trade practice or deficiency of service on the part of the opposite party that has caused mental agony, pain or financial loss to the complainant. The opposite party further submits that in good faith and as a goodwill measure, the opposite parties are still willing to settle the dispute amicably by offering Rs.1500 +950 = Rs.2450/- to the complainant. The opposite party therefore prays to dismiss the complaint with costs.

                        3.The points for consideration are

1.Is there any deficiency of service on the side of the opposite parties?

2.If so, compensation and costs

                           4.Evidence consists of proof affidavit filed by the complainant and counter proof affidavit filed by the opposite party. The complainant has filed exhibits marked as Exhibits P1 to P4 whereas the opposite party has filed evidence marked as Exhibit R1. Ext. P1 is the consignment note dated 15-07-14 issued by the opposite parties; Ext. P2 is the copy of the lawyer notice dated 3-11-14 issued by the complainant to the opposite party; Ext. P3 series consists of postal receipts and Ext. P4 series consists of the A/D cards; and Ext. R1 series consists of original standard consignment note leaf, containing the terms and conditions of carriage.

                   5.The Forum has studied the case in detail. It can be seen that the opposite party has admitted the receipt of the parcel from the complainant and also the loss of the same in transit. The forum is of the view that a parcel is being entrusted by a customer, believing that the opposite party will surely ensure that it reaches its destination. The facts being so, we feel that it is the obligation of the opposite party to ensure that each and every parcel, entrusted for delivery by the customers, reaches the destination. Even though the opposite party has offered a detailed explanation questioning the claim of the complainant, we can’t be blind at the mental agony, pain and financial loss of the complainant, in the instance of the non-delivery of the parcel in its destination. We are therefore bound to redress the grievance of the complainant.

                   6.In the result, the complaint is allowed. The opposite parties are directed to pay Rs.1500+950=Rs.2450/-(Two thousand four hundred and fifty only)  to the complainant, in addition to compensation and cost of Rs.3000/- , (Rupees Three thousand only) within a month of the date of receipt of this order.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the  31^st day  of  May      2018.

        Sd/-                                                                                  Sd/-

M.P.Chandrakumar                                                       P.K.Sasi,                         

Member                                                                         President.                                                             

                                      Appendix

Complainant’s Exhibits

Ext. P1 consignment note dated 15-07-14

Ext. P2 copy of the lawyer notice dated 3-11-

Ext. P3 series - postal receipts

Ext. P4 series - A/D cards;                                        

                                                                                          Id/-

                                                                                      Member