SMT. MOLYKUTTY MATHEW : MEMBER

             This is a complaint filed by the complainant U/S 35 of Consumer Protection Act 2019 for an order directing the opposite party to pay the value of ear buds for Rs.3,999/- and the courier charge Rs.90  along with Rs.5,000/-  as compensation for mental agony caused to the complainant  and Rs. 2000/- as litigation cost for the deficiency of service and unfair trade practice  on the part of opposite party.

The case of the complainant in brief

            The complainant’s cousin Mr. Biju is working at Bangalore.  He left the native place without taking his ear buds.  Then on 23/02/2024 the complainant had send JBL Tune 235 NC Ear wireless ANC black colour ear buds through the OP which has been rendering courier services to Bangalore.  Then the complaint were under impression that the article had been delivered in time to the addressee.  But on enquiry the complainant came to know that the OP had never delivered the article to the customer.  There after several times the complainant approached to OP for enquiring the non delivery of the parcel.  Then the OP informed the complainant that to enquire about the Branch of Bangalore office also.  But no reply given from that office.  Then the complainant searched the courier ID tracking  he found that the article is reached at Saharanpur in Uttarpradesh State.  But the OP states that “the parcel is missed in transit”.  On the side of OP he acted negligently and in an irresponsible manner not delivered the parcel in time.  The act of OP the complainant has got mental agony and financial loss.  So there is deficiency of service on the part of OP.  Hence the complaint.

            After filing the complaint notice issued to OP.  Then the OP received the notice and not appeared before the commission and no version filed.  Ultimately the commission had to hold that the OP has no version filed before the commission as such in this case came to be proceed against the OP as absent and set ex-parte.   

            Even though the OP has remained absent in this case it is for the complainant to establish the allegations made by him against the OP.  Hence the complainant was called up on to produce evidence in the form of affidavit and documents.  Accordingly the complainant has chosen to produce his affidavit along with 3 documents marking them as Ext.A1 and A3 Ext.A1 is the original tax invoice dated 05/12/2023 for an amount of Rs.3,999/-.  It is clearly shows that the Biju Bavukkat had purchased the JBL Tune 235 NC in Ear wireless ANC Earth buds.   In Ext. A2 shows that on 23/02/2024 the complainant entrusted the courier to OP and paid Rs.90/- as courier charge.  Moreover the consignee’s name is noted in Ext.A2 as Biju and the city noted as Bangalore.  For the assurance of OP the complainant entrusted the parcel to OP.  But after one week the parcel is not reached the consignee.  In Ext.A3 is the courier track record.  Then the complainant  enquired the parcel shipment details through courier ID tracking it found that the returned parcel delivered at Saharanpur branch at UP.  So the act of OP the complainant caused much mental agony and financial loss.  The OP is bound to redressal the grievance caused to the complainant.  So there is deficiency of service on the part of OP.  Under this circumstances we are of the considered view that the OP is liable to pay the value of JBL Tune 235 NC in Ear Wireless ANC Ear buds Rs.3999/- and courier charge Rs.90/- to the complainant along with Rs.4,000/- as compensation for mental agony caused to the complainant and Rs.2,000/- as litigation cost.

In the result the complaint is allowed in part directing the opposite party to pay the value of JBL Tune 235 NC in Ear Wireless ANC Ear buds Rs.3999/- and courier charge Rs.90/- to the complainant along with Rs.4,000/- as compensation for mental agony caused to the complainant and Rs.2,000/- as litigation cost within 30 days of receipt of this order.  In default the amount of Rs.3,999/- carries 12% interest  per annum  from the date of order till realization.  Failing which, the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019. 

Exts.

A1  - Tax invoice dated 05/12/2023

A2- Courier receipt dated 23/02/2024

A3– Courier track record

     Sd/                                                                                   Sd/                                                         Sd/

PRESIDENT                                                                 MEMBER                                              MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

                                               /Forwarded by order/

                                             Assistant Registrar