By Sri. MOHANDASAN.K, PRESIDENT

                The complaint U/s 35 of the Consumer Protection Act 2019.

1.         The complainant got high yield of Malgova Mango during the period 2021 May. Since it was Covid 2019 lockdown period the only transporting facility was available through courier. The complainant issued a notification on 08/05/2021 in face book that Malgova Mangoes are available in a face book page “Nadan Mavukal”. There was inquiries from in and out of state of Kerala. The complainant dispatched packed Malgova Mangoes to several persons, who contacted the complainant.  He availed courier service of opposite parties. But the opposite party failed to supply the consignment to proper consignees. The opposite party neither informed the complainant nor the consignees about the delivery of courier articles.  So many Malgova Mango consignment lost due to the deficient service of opposite parties. The complainant sent messages through e- mail and also tried to contact over telephone.   The complainant submitted complaints also. There was no response from the opposite party. The complainant submitted that he entrusted consignment number D 65028816 in favor of M.V. Joseph, South Pravoor Eranakulam Dist, Consignment No. D65028822 in favor of Sachin Raj, Sree Karyam , Thiruvananthapuram, Consignment No.D65028824  in favor of Saraswathi Kurup , Nantencode, Thiruvananthpuram, Consignment No. D65028823 In favor of Paul Varghese, Vyttila , Kochi , Consignment No.D66060569 in favor of Melbin K John , Kannur .   All the absence above consignments were neither served on the above consignees nor returned to the complainant. The complainant sent consignment No. D66060569 through second opposite party and all other mentioned consignments were entrusted with first opposite party.   Now the complainant stands lost all valuable consignments containing Malgova Mango and so prayer is for adequate compensation. He claims compensation of Rs.50,000/- on account of lost consignments.

2.         On admission of the complaint notice was issued to the opposite parties. But despite of receipt of notice they not turned up, hence called and set exparte.

3.         The complainant filed proof affidavit in lieu of evidence along with documents.  Documents marked as Ext. A1 to A3. Ext. A1 series are   photo copies of courier receipts dated 14/05/2021, 15/05/2021, 12/05/2021 respectively (series 3 numbers). Ext. A2 is lawyer notice issued to the 3^rd opposite party dated 08/07/2021. Ext. A3 series are shipment summaries in respect of consignment number D65028816, D66060569, D65028822, D65028824.

4.         The opposite party did not appear and remain exparte . Hence the claim of the complainant stands proved. There is no contra evidence against the averments in the affidavit. It can be seen that the complainant could established booking of consignment and non-delivery of the consignments. But there is no document to ascertain the exact loss caused to the complainant. But the complainant issued lawyer notice demanding Rs.10,000/- as cost of the lost Malgova Mangoes . It can also be noted that the complainant might have suffered inconvenience and hardships due to the defective service of the opposite parties. It appears the complainant an aged man plucking mangoes from his own garden and selling the same for his lively hood.  So, the act of the opposite party might have caused mental agony also.  In the above facts and circumstances, we allow the complaint as follows: -

1. The opposite parties are directed to pay Rs.10,000/- (Ten thousand rupees only) to the complainant as cost of the lost Malgova Mangoes.
2. The opposite parties are directed to pay Rs.10,000/- (Ten thousand rupees only) as compensation to the complainant on account of deficiency in service on the part of the opposite parties.
3. The opposite parties also directed to pay Rs.5,000/- (Five thousand rupees only) as cost of the proceedings to the complainant.

The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the opposite party shall be liable to pay interest of 12% per annum on the above entire amount of Rs.25,000/- from the date of filing this complaint till realization.

Dated this 2^nd  day of March, 2022.

MOHANDASAN.K, PRESIDENT

PREETHI SIVARAMAN.C, MEMBER

APPENDIX

Witness examined on the side of the complainant:    Nil

Documents marked on the side of the complainant: Ext.A1 to A3

Ext.A1: are   photo copies of courier receipts dated 14/05/2021, 15/05/2021, 12/05/2021

respectively (series 3 numbers).

Ext.A2: lawyer notice issued to the 3^rd opposite party dated 08/07/2021.

Ext A3: series are shipment summaries in respect of consignment number D65028816,

D66060569, D65028822, D65028824.

Witness examined on the side of the opposite party: Nil

Documents marked on the side of the opposite party: Nil

MOHANDASAN.K, PRESIDENT

PREETHI SIVARAMAN.C, MEMBER

VPH