DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 8th day of June, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of Filing : 20/09/2021
CC/153/2021
Manju Vaidyanathan,
Gayathri,
Ramnagar, Vadakkanthara P.O.
Palakkad – 678 012 - Complainant
(Party in Person)
Vs
1. Garudavega
14/417, Ground Floor,
Thampan’s Complex,
Opp.Bharathmatha School,
Coimbatore Road, Chandranagar (PO),
Palakkad – 678 007
2. Garudavega
1-8-308/1/1, Patigadda Road,
Begumpet, Hyderabad – 500 016 - Opposite Parties
(OP 1 & 2 Exparte)
O R D E R
By Sri. Vinay Menon V., President
- In brief, the complainant’s grievance pertains to a delay of 111 days in delivery of consignment send by her through the first opposite party to USA. The complainant had availed the service of first opposite party to send jewellery worth approximately Rs.16,000/- to USA on 26/2/2021 through the first opposite party. But due to some clerical mistakes (as admitted by the opposite parties themselves in their communications with complainant) the consignment could not be delivered in time and took 111 days. The complainant, aggrieved by this delay, seeks for compensation to a tune of Rs.5 lakhs and Rs.1000/- towards litigation charges.
- Notices were served on opposite parties, but they did not enter appearance or contest the matter. Hence, they were set exparte.
- Evidence on the part of the complainant comprised of proof affidavit of complainant and Exts.A1 to A4 documents.
- Ext.A1 invoice proves that the complainant had availed the service of the opposite parties to send her consignments to one Mrs.Susan Thomas in USA. Ext.A3 & A4 are e-mail communications issued by the opposite parties to the complainant admitting the error on their part. As per the said documents the mix up occurred due to a clerical error on their part and the consignment had reached Qatar.
- In view of the complainant having proved a strong prima facie case by way of Exts.A1 to A4 and in the absence of any contra evidence from the part of the opposite parties, we allow the complaint.
- Resultantly, we hold that there is deficiency in service on the part of the first opposite party. But the claim of the complainant is overtly excessive and exorbitant and grossly disproportionate to the deficiency in service. We are not inclined to allow the complaint reliefs in toto.
For the delay in delivery of the consignment the complainant is entitled to an amount of Rs.10,000/- (Rupees Ten thousand only) as compensation and Rs.1,000/- (Rupees One thousand only) as cost.
The first opposite party is directed to effect payment of the aforesaid amount within 45 days of receipt of a copy of this order failing which the complainant will be entitled to solatium @Rs.250/- per month or part thereof from the date of this order till the date of final payment.
Pronounced in open court on this the 8th day of June, 2022.
Sd/-
Vinay Menon V.
President
Sd/-
Vidya A.
Member
Sd/-
Krishnankutty N.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Original invoice bearing No.25555944189 dtd.26/2/2021
Ext.A2 – Printout of email dated 9/3/2021
Ext.A3 – Printout of email dated 6/4/2021
Ext.A4 – Printout of email dated 6/3/2021
Exhibits marked on the side of the opposite party
Nil
Witness examined on the side of the complainant
NIL
Witness examined on the side of the opposite party
NIL
Cost : Rs.1,000/- allowed as cost.
NB : Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
