Tamil Nadu

South Chennai

CC/261/2012

S.Mohammed Ismail - Complainant(s)

Versus

K.P.N.Speed Parcel Service Pvt Ltd., - Opp.Party(s)

M.Jaikumar

29 Jan 2019

ORDER

                                                                        Date of Filing  : 19.10.2012

                                                                          Date of Order : 29.01.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B., PGDCLP.               : MEMBER-I

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER-II

 

C.C. No.261/2012

DATED THIS TUESDAY THE 29^TH DAY OF JANUARY 2019

                                 

Mr. S. Mohammed Ismail,

No.368, TNHB,

Velacherry,

Chennai – 600 042.                                                      .. Complainant.                                                     

 

                                        ..Versus..

 

The Manager,

K.P.N. Speed Parcel Service Pvt. Ltd.,

No.S 1, Thiru Vi Ka Industrial Estate,

(Opposite to Airtel),

Guindy,

Chennai – 600 032.                                                    ..  Opposite party.

          

 

Counsel for complainant            :  M/s. M. Jaikumar & another

Counsel for the opposite party  :  M/s. R. Dhanalakshmi

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.6,800/- being the value of the parcel and Rs.240/- being charges received by the opposite party and to pay a sum of Rs.1,00,000/- towards compensation for mental agony caused to the complainant by the deficiency of service committed by the opposite party with interest at 12% p.a. from the date of complaint with cost of Rs.5,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he registered a parcel containing dining table and two chairs through the opposite party parcel service on 23.01.2012 vide the registration slip No. is 1477397 bearing invoice No.CHE225131051.  The complainant submits that he purchased the said dining table and 2 chairs on 20.01.2012 on payment of Rs.6,800/- from Ram Sons Bedding Mart at Alandur.   The complainant submits that the parcel containing dining table and 2 chairs not reached the destination and not delivered to his father-in-law at Mettupalayam.   Even after repeated requests and demands made to the opposite party, initially, responded to say searching thereafter, no response.  Hence, the complainant was constrained to issue legal notice dated:28.05.2012 to the opposite party.  The opposite party after receiving the notice also has not responded.   After booking the consignment, the parcel was not delivered to the consignee shows the stale attitude of the opposite party.  The act of the opposite party caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.  The opposite party states that the complainant booked the consignment on 23.01.2012 booked a dining table and 2 chairs to Mettupalayam. The complainant has not paid the registration charges.  The consignment booked as “to pay-booking”.  The opposite party states that the complainant booked the parcel under the category of to pay.   The opposite party states that evenafter booking of the parcel on 23.01.2012, the complainant kept silent till the end of May 2012 and issued notice dated:28.05.2012 and filed this case.  As per the terms and conditions, the parcel shall be taken delivery within 2 weeks.  But the complainant has not claimed the parcel for a long time.   Therefore there is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite party is filed and no document is marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.6,800/- being the value of parcel and Rs.240/- paid towards parcel charges as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony and deficiency in service with interest at the rate of 12% p.a. with cost of Rs.5,000/- as prayed for?

 

5.      On point:-

Both parties filed their respective written arguments.  Heard the opposite party’s Counsel also.  Perused the records namely the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he registered a parcel containing dining table and two chairs through the opposite party parcel service on 23.01.2012.  The registration slip No. is 1477397 invoice No.CHE225131051 vide Ex.A1 is not denied.   Further the contention of the complainant is that he purchased the said dining table and 2 chairs on 20.01.2012 on payment of Rs.6,800/- from Ram Sons Bedding Mart at Alandur as per Ex.A2.  The complainant further contended that the parcel containing dining table and 2 chairs not reached the destination and not delivered to his father-in-law at Mettupalayam.   Even after repeated requests and demands made to the opposite party, initially, responded to say searching thereafter, no response.  Hence, the complainant was constrained to issue legal notice dated:28.05.2012 as per Ex.A3 which was duly served.  The opposite party after receiving the notice also has not responded.   After booking the consignment, the parcel was not delivered to the consignee and the stale attitude of the opposite party proves the deficiency in service.  The complainant is claiming the value of the dining table of Rs.6,800/- as per Ex.A2 and registration charges Rs.240/-.  The complainant also claimed a sum of Rs.1,00,000/- for mental agony and deficiency in service.

6.     The learned Counsel for the opposite party contended that admittedly, the complainant booked the consignment on 23.01.2012, booked a dining table and 2 chairs to Mettupalayam. The complainant has not paid the registration charges.  The consignment booked as “to pay-booking”   But on a careful perusal of Ex.A1, terms and conditions for Carriage of goods clause 4 reads as follows: “All paid & to pay goods which are not taken delivery from the destination station within 10 days from the date of avail and subject to demurrage on the Freight amount of the following date:–

From 11 days to 20 days – 20% Extra

        21 days to 30 days – 30% Extra

        Beyond 30 days – 100% Extra + Other charges

The minimum demurrage is fixed as Rs.10/- Per parcel.

proves this receipt is for both payment and to pay.   Further the contention of the opposite party is that the complainant booked the parcel under the category of ‘to pay’.  The complainant is not a Consumer and this case has to be dismissed.  But as per Section 2 (d) of the Consumer Protection Act, 1986 “the consumer means any person who buys any goods for consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment”.   Further the contention of the opposite party is that evenafter booking of the parcel on 23.01.2012, the complainant kept silent till the end of May 2012 and issued notice Ex.A3 and filed this case.  As per Ex.A1 terms and conditions, the parcel shall be taken delivery within 2 weeks.  But the complainant has not claimed the parcel for a long time.   On the other hand, the opposite party has not stated anything very clearly that whether the goods were delivered or kept in warehouse and claimed demurrage charges.  The opposite party has not produced any iota of evidence to prove whether the goods were received and delivered proves the deficiency in service.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall pay a sum of Rs.6,800/-, being the value of the parcel and a sum of Rs.240/- being registration charges paid with a compensation of Rs.10,000/- and cost of Rs.5,000/-.

In the result, this complaint is allowed in part.   The opposite party is directed to pay a sum of Rs.6,800/- (Rupees Six thousand and eight hundred only) being the value of the parcel, to pay a sum of Rs.240/- (Rupees Two hundred and forty only) being registration charges paid and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 29^th day of January 2019. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	20.01.2012	Copy of invoice issued by the opposite party
Ex.A2		Copy of invoice issued by Ram Sons Bedding Mart
Ex.A3	28.05.2012	Copy of legal notice sent by the complainant
Ex.A4		Copy of acknowledgement card

 

OPPOSITE  PARTY SIDE DOCUMENTS:-  NIL

 

 

MEMBER-I                           MEMBER-II                     PRESIDENT