BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.528-2015

DATED ON THIS THE 15^th July 2016

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to the opposite party No.1 to return 45 pieces of dress materials or to pay the value of the same i.e. `54,075/- with interest to the opposite party No.4 and further direction to opposite party No.1 not to claim any amount from complainant with costs and such other reliefs.
2.     The complainant running garments dress materials under the name and style Nightingale.  The opposite party No.4 sends 45 pieces of dress materials on 11.10.2014 are of low quality and low standard materials.  Thereby, opposite party No.4 informed the complainant to return the said 45 dress materials through Tirupati Courier Service i.e. opposite party No.1.  Accordingly, on 20.11.2014, the complainant return the said material in 2 bundles through opposite party No.1.  Opposite party No.1 has obtained franchise from opposite party Nos.2 and 3 is the controlling head of Karnataka State.  The above said two bundles of materials not reached the opposite party No.4.  Thereby, opposite party No.4 has demanded payment of `54,075/- or to return the materials.  On enquiry, the opposite party No.1 informed that the two bundles to deliver to opposite party No.4.  In spite of such information, there is no proof of delivery and opposite party No.4 has again demanded for payment.  Thereby, there is deficiency in service on the part of opposite party Nos.1 to 3.  Hence, this complaint is filed.
3.     In spite of service of notice, opposite party Nos.1 to 3 called absent.  Then this matter is set down for evidence.  During evidence, complainant has filed affidavit evidence and reiterated the allegations made in the complaint.  Further evidence closed.  After hearing arguments, this matter is set down for orders.
4.      The points arose for our consideration are:-

1. Whether the complainant establishes that there is deficiency in service on the part of opposite party No.1, thereby he is entitled for the reliefs claimed against opposite party Nos.1 to 3?
2.  What order?

5.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

6.    Point No.1:- During evidence, P.W.1 i.e. the complainant has filed his affidavit stating that opposite party No.4 has sent dress materials worth `54,075/- on 11.10.2014.  The said material are of low quality.  Thereby, he has questioned the opposite party No.4 and the opposite party No.4 instructed the complainant to return the said materials through Tirupati Courier Service i.e. opposite party No.1.  Accordingly, on 20.11.2014 the complainant has returned 45 pieces of dress materials in 2 separate bundles under two receipts.  In spite of it, the material not reached the opposite party No.4.  Thereby, opposite party No.4 has demanded for return of 45 pieces of dress materials or its costs of `54,075/-.  The opposite party Nos.1 to 3 not properly replied the noticed issued by the complainant.  Whereas the opposite party No.1 informed that the article was delivered to opposite party No.4, but no documents are placed by  opposite party No.1 for having tendered the materials to opposite party No.4.  In the circumstances, present complainant is entitled to get the reliefs from opposite party Nos.1 to 3 i.e. Tirupati Courier Service and its agent.  But, there cannot be any direction to opposite party Nos.1 to 3 to pay the amount or return the articles to opposite party No.4 – Vedika Creation since it is the responsibility of the complainant to pay the amount or deliver the articles to opposite party No.4.  In the absence of any proof to show that the articles are deliver to opposite party No.4, it is the joint and several obligations on the part of opposite party Nos.1 to 3 i.e. Tirupati Courier Service and its agent to hand over the two bundles entrusted to them by the complainant or in the alternative to pay a sum of `54,075/- being value of the said materials with interest at 18% p.a. from the dtae of receipts i.e. 20.11.2014 till payment.  It is a matter between complainant and opposite party No.4 so far as their business transaction is concerned relating to 45 pieces of dress material.  Hence, point No.1 for consideration in the partly in the affirmative.
7.    Point No.2:- In view of the findings recorded on point No.1, the opposite party Nos.1 to 3 are jointly severally return 45 pieces of dress materials shown under receipt Nos.6311012679 and 6311012680 dated 20.11.2014 or in the alternative, they are liable to pay the costs of the materials i.e. `54,075/-with interest at 18% p.a. from 20.11.2014 to the complainant along with compensation of `10,000/- and litigation expenses of `2,000/-. Hence, the following

:: O R D E R ::

1. The complaint is partly allowed.
2. The opposite party Nos.1 to 3 are jointly and severally liable to return 45 pieces of dress materials to the complainant or in the alternative they are directed to pay `54,075/- with interest at 18% p.a. from 20.11.2014 till payment within 2 months from the date of this order.  
3. Further, opposite party Nos.1 to 3 are jointly and severally directed to pay a sum of `10,000/- towards compensation and `2,000/- towards litigation expenses, within 2 months from the date of this order.
4.  In default to comply, the opposite party Nos.1 to 3 shall pay interest at 12% p.a. on the said total sum of `12,000/- from the date of this order until compliance is made.
5. In case of default to comply this order, the opposite party Nos.1 to 3 shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
6. The complaint is dismissed against opposite party No.4.
7. Give the copies of this order to the parties, as per Rules.