O R D E R

AS PER SRI G.APPALA NAIDU, MEMBER

     This Copmplaint is filed under section-12 of C.P.Act 1986 seeking the reliefs to pass an orders in favour of the complainant and against the OP’s directing them to deliver the sealed cover containing the original registered sale deed relating to the property of the complainant to pay Rs.50,000/- towards compensation for loss, damages, mental agony caused to the complainant, to award costs of the complaint and to grant such other reliefs which are essential under the circumstances of the case on the following averments:-

     The complainant he is the permanent resident of Panneruvari sreet of Vizianagaram town and the OP’s 2 and 3 are branch offices of the 1^st OP and the OP’s 1 to 3 have been carrying on courier business in vizianagaram and all other various places.  The complainant booked one sealed cover containing registered sale deed relating to the property at 3^rd OP under consignment No-H98568968 on 11.05.2012 to send the same to the addresse i.e. be Ambha Ramana of Kakinada and the said OP received Rs.20/-(Rupees Twenty Only) from the complainant towards courier charges under the aforesaid consignment. It is further submitted that the said sealed cover also contains the cell phone number of the addressee but the OP’s did not at all the said cover to the addressee.  The complainant when he approached the third OP who inturn asked him to approach 2^nd OP but invain.  The OP’s 2 and 3 made the complainant went around three offices per about 40 times but they did not respond properly and also did not deliver the said cover nor did give any proper reply.

     The complainant also submits that he was forced to issue legal notice dated 06.06.2012 to 3^rd OP who having received the same did not give any reply nor complied with the demand of the complainant. Therefore the complainant again got issued legal notice dated 28.06.2012 to OP’s 1 and 2 but the OP No-2 refused to receive the said notice and the 1^st OP did not claim the said notice though he received intimation from the postal authorities.  It is further submitted that due to lack of the said original registered sale deed the complainant could not do anything aged to develop the said land by getting loan from the bank or to alienate the said property as the buyers insisted on the original registered sale deed, thereby the OP’s caused much loss, damages, mental agony to the complainant due to deficiency in service and dereliction of duties on their part.  Hence this complaint.

     The OP’s 1 to 3 have neither filed counters or evidence affidavits nor brief written arguments respectively.  But the 3^rd OP was present in this Forum on 30.10.2014 as per the direction of the Forum and also on 10.11.2014 but subsequently he was also called absent.

     Exhibits A1 to A6 are marked on behalf of the complainant and no exhibits were marked on behalf of the OP’s.

     Heard arguments on behalf of the complainant but no arguments were advanced  by the OP’s since they were called absent.

     Inspite of number of opportunities given to the OP’s they were called absent and did not advance their arguments.  Hence adverse inference can be drawn against the OP based on their continued absence besides the fact that there was no representation nor any papers filed on their behalf.  Therefore it can be concluded that there is no evidence from the side of OP’s contrary to the contents of the complaint filed by the complainant and it is deemed that the contents in the complaint remains uncontroverted and undisputed.

     However the type of documents or material placed in the sealed cover booked at the 3^rd OP and not known and even the addresse was not produced in this Forum for eliciting the related evidence.

     Under all the above circumstances and discussions made supra, the complaint can be partly allowed since the contents of the complaint remind uncontroverted.

     In the result, the complaint is allowed in part directing the OP’s 1 to 3 jointly and severally to deliver the sealed cover to the complainant as and when traced by taking immediate and all possible steps in identifying the missing cover.  The OP’s are further directed to pay Rs.1,000/-(Rupees One Thousand Only) to the complainant towards compensation/damages for the mental agony caused to the complainant and to pay costs of Rs.1,000/-(Rupees One Thousand Only) which includes Advocate fee of Rs.500/-(Rupees Five Hundred Only) within one month from today.

Dictated to the Steno, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 23rd day of January, 2015.

MEMBER                                  PRESIDENT

C.C.No.16 / 2013

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For complainant:-                   For opposite parties:-

PW 1                                   RW1  &  RW2

DOCUMENTS MARKED

For Compainant:-

Ex.A-1 Xerox Copy of courier receipt bearing consignment No.H.89568968 issued by OP No.3 in favour of complainant.

Ex.A-2 Office copy of legal notice got issued by complainant to 3^rd O.P.

Ex.A-3 Office copy of legal notice got issued by complainant to O.Ps 1 and 2.

Ex.A-4 Postal acknowledgement from 3^rd O.P.

Ex.A-5 Returned sealed cover under which complainant send legal notice Dt.28.06.12.

Ex.A-6 Returned cover under which complainant send legal notice Dt.28.06.12.

                                               President