KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL NO.107/11

JUDGMENT DATED 30.12.2011

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

The Manager, Professional Couriers

Apsara Jwellary Building                                    --  APPELLANT

Market Road, Kayamkulam.

   (By Adv.K.K.Rajeev Punnapuram)

                   Vs.

Gopinathan,

Pulimoottilveedu,                                                          --  RESPONDENT

Perungala P.O, Kayamkulam.

     (By Adv.K.B.Premdeep)

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

The appellants/opposite parties  are under orders to pay compensation of Rs.50,000/- altogether and cost of Rs.2,000/- in CC.227/08 in the file of CDRF, Alappuzha.

          2. The case of the complainant is that he had dispatched through the opposite party/couriers a bundle of invitation cards for the wedding of his niece Salini Sasi addressed to Smt.Santhamma Sasi TypeII   D.M.Colony, Banda, Utter Pradesh.  The cards were to be given to his relatives at U.P.  The courier charges of Rs.420/- was also remitted.  The invitation bundle did not reach the addressee in time.  Hence, many of the relatives and friends from U.P. could not attend the function and he sustained considerable loss by way of gifts and other economic benefits.  When the matter was informed to the opposite parties, they acted in a most irresponsible way.  He has claimed  a sum of Rs.50,000/- altogether as compensation and cost of Rs.2000/-.

          3. The opposite parties have filed version denying the allegations and disputing the quantum of compensation  claimed.  It is contended that the complainant never approached the opposite party with any complaint.

          4. The evidence adduced consisted of Exts.A1 to A3 and the proof affidavit filed by the complainant.

           5. Ext.A2  receipt on the courier service is dated 1.8.08.  The marriage was held in  Kerala on 6.9.08.  The full address is mentioned in Ext.A2.  Ext.A1 is the receipt of the printing charges for a sum of Rs. 6750/-.  The case of the complainant   that the addressee did not receive the postal article in time, stands not controverted.  In the circumstances, the finding that there is deficiency in service on the part  of the opposite parties/appellants do not call of interference.

          6. The contention of the counsel for the appellant is confined to the amount of compensation awarded which according to him is excessive.  Of course, there is no specific evidence as to the economic loss etc.  Although, the non receipt of the invitation cards would have put the complainant and the parents of the bride to a certain amount of difficulties it appears that the amount of compensation allowed is somewhat excessive.  Hence, the order of the Forum is modified to the effect that the opposite parties/appellants are to pay a sum of Rs.25,000/- as compensation altogether with interest at 9% from the date of the complaint.  The complainant will also be entitled for cost of Rs.5,000/-.  The amounts are to be paid within 3 months from the date of receipt of copy of this order, failing which the complainant will be entitled for interest at 12% from 30.12.2011, the date of this order.

          7. In the result, the appeal is allowed in part as above.

          The office will forward the LCR along with a copy of this order to the Forum below urgently.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT