O R D E R
By Dr.K.Radhakrishnan Nair , Member :
Facts: Complainant’s case is that he has made an online purchase of a branded shoe called Nike men Gray Flex Furi Running shoes through Mynthra.com. Its booking ID No. wa7999729 and its shipment IDNo. was 79977229. Delivery was done on 30/4/2015. Its price was Rs.4,896.50 + VAT 524.63. A total of Rs.5,421/-. The product was opened, trial run was attempted but the product was not fit enough and as per the condition the product could be returned within 30 days of its delivery. Strictly in compliance with the above condition the product was entrusted with the opposite party giving a service charge of Rs.115/-through Myntra.com as per order No.79977229 to forward to Veetor E Commerce Pvt. Ltd., Bangalore. Complainant has also received a consignor copy. Subsequently, on enquiry it is learnt that the returned product has not reached the destination so far. If the shoe is not received by them on or before 30/5/2015 it is informed that they may not entertain any further claim and complainant has to suffer the loss. On 18/5/2015 a complaint was personally lodged with them (Firstop) and replied that they have informed second and third opposite parties for doing the needful. What happened in fact was the product has been missed from their employees. Opposite parties are responsible for this gross negligence and lapses. It amounts to deficiency in service. Complainant has suffered much. Financial loss as well as mental agony are ineffable and prayed for compensating the loss. Complainant prays that the complaint may be allowed directing the opposite parties to pay Rs.6,600/- (5421 + 115 + 1064) and Rs.15,000/- towards compensation and Rs.3,000/- towards cost.
2. Admitted the case. Ordered notice to opposite parties and they filed version through counsel. As challenged by opposite parties the cost of the shoe was only Rs.500/- and all allegations are false. Complaint is bad for nonjoinder of necessary party. The complainant has purposefully and deliberately suppressed the fact regarding the types of consignment. Opposite parties are doing the courier business for many years and are delivering consignments all over the world without any complaints. Since there is no deficiency in service on the part of the opposite parties complaint may be dismissed with costs to them.
3.Then the case posted for evidence. The following points are considered for its final disposal.
1)Is there any deficiency in service on the part of opposite parties?
2)If yes, what are the reliefs and costs?
4. Both parties filed proof affidavits. Complainant produced five documents and marked as Exts.P1 to P5. Ext.P1 – cash invoice in delivery dt.30/4/15,Ext.P2- Consignor copy H991 M0008649, Ext.P3 – Track record,Ext.P4 – Mynthra shipment delivered letter dt. 28/5/15, Ext.P5 – products return form. No documents from the side of opposite parties. No oral evidence was tendered by both parties. Argument Notes filed by both.
5. Appreciation of evidence : We have examined the documents, proof affidavits and the argument notes besides the points advanced by the parties during the final hearing. The forum is convinced and finds that opposite parties are responsible for the article sent through their courier. As rightly alleged by the complainant and affirmed by their proof affidavit and documents such as Exts.P1 to P5 that there are no other possibility except the gross negligence of their employees in handling the despatches. Missing of the product is evident. In the absence of contra evidence of taking sufficient care by the opposite parties this Forum is right in giving a verdict in favour of the complainant. We therefore find that opposite parties are negligent and there is deficiency in service.
Relief and cost : Opposite parties are directed to pay Rs.10,000/- (Rupees Ten thousand only) inclusive of costs, compensation and litigation expenses to the complainant within thirty days from the receipt of this order. Complaint is allowed accordingly.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 17th day of April 2021.
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Sreeja.S Dr.K.Radhakrishnan Nair C.T.Sabu
Member Member President
Appendix
Complainant’s Exhibits
Ext.P1 – cash invoice in delivery dt.30/4/15,Ext.P2- Consignor copy H991 M0008649, Ext.P3 – Track record,Ext.P4 – Mynthra shipment delivered letter dt. 28/5/15, Ext.P5 – products return form
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Member
