Tamil Nadu

North Chennai

CC/72/2016

Francis Roche - Complainant(s)

Versus

K.P.N.Speed Parcel service - Opp.Party(s)

Party In Person

28 Jul 2017

ORDER

 

                                                            Complaint presented on:  04.05.2016

                                                                Order pronounced on:  28.07.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

FRIDAY THE 28^th DAY OF JULY 2017

C.C.NO.72/2016

 

 

A.Francis Roche,

S/o. Late Annamarian,

L-97, 19^th Street,

Anna Nagar East,

Chennai – 600 102.

                                                                                    ….. Complainant

 

..Vs..

1. The Manager,

M/s. K.P.N. Speed Parcel Service Pvt. Ltd.,

No: 31, 1^st Avenue, Anna Nagar East,

Chennai – 600 102.

 

2. M/s. K.P.N. Speed Parcel Service Pvt. Ltd.,

Rep. by its Director,

No: 8/23, Rajaji Street,

Sornampet, Salem – 4.

.....Opposite Parties

Date of complaint                                 : 13.05.2016

Counsel for Complainant                      : Party in Person

Counsel for Opposite Parties                   : M/s. R.Dhanalakshmi

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

This complaint is filed by the complainant to direct the Opposite Party to refund the carriage charges of Rs.4,964/- paid by him, also to pay a sum of Rs.11,450/- towards repair charges and also to pay a sum of Rs.10,000/- towards compensation for mental agony besides a sum a of Rs.1,000/- towards litigation expenses u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant booked the house hold articles and motor bike to Ramanathapuram through the 1^st  Opposite Party and paid the entire charges of Rs.4,964/-. The Opposite Parties delivered the goods at Ramanathapuram on 17.09.2015 in a very bad and severally damaged condition detailed as follows:

1. Bureau backside and bottom with legs have been completely broken and dislocated the entire structure,
2. Front light doom (head  light) and backside doom light of bike have been broken and
3. One chair has been completely broken.

The Complainant sent three letters dated 19.11.2015, 18.01.2016 and 29.01.2016 and also sent a legal notice through the rotary Consumer guidance cell, Anna Nagar, Chennai. However, no reply received from the Opposite Parties.

2.  The Complainant spent a sum of Rs.6,500/-,  to repair the steel bureau, a sum of Rs.450/- to repair the chair and also spent a sum of Rs.4,500/- to rectify the  motor bike and thus he totally incurred a sum of Rs.11,450/- towards repair charges. Due to damage of the articles the Complainant suffered with mental agony. Hence the Complainant filed this Complaint to refund the carriage charges of Rs.4,964/- paid by him, also a sum of Rs.11,450/- towards repair charges and also a sum of Rs.10,000/- towards compensation for mental agony besides a sum a of Rs.1,000 for filing the Complaint.

3. WRITTEN VERSION OF THE  OPPOSITE PARTIES IN BRIEF:

          The Opposite Parties admits that the Complainant booked the house hold articles at the 1^st Opposite Party office and the said goods was delivered on 17.09.2016. The Opposite Parties denies that the articles were delivered in a damaged condition. The Opposite Parties was not aware the conditions of the articles originally packed. As per the terms and condition of the receipt the goods were delivered in good condition and three articles were badly damaged are not true. Though the goods were delivered on 17.09.2015to the Complainant, he had chosen to give the Complaint only after two months. The Complainant failed to prove the loss or damage to the articles. Hence, the Opposite Parties have not committed deficiency in service and prays to dismiss the Complaint with cost.

4. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

5. POINT NO :1 

          It is an admitted facts that the Complainant booked the house hold articles under Ex.A1 booking slip on 14.09.2015 at the 1^st Opposite Party parcel service office on payment of carriage charges of Rs.4,964/- and the said articles was delivered to the Complainant at Ramanathapuram on 17.09.2015 under Ex.A2 delivery slip.

          6. The Complainant alleged deficiency against the Opposite Parties are that at the time of delivery of the articles a bureau, a chair and motor bike was  in damaged condition  as follows.

1. Bureau backside and bottom with legs have been completely broken and dislocated the entire structure.
2. Front light doom (head  light) and backside doom light of bike have been broken
3. One chair has been completely broken.

7. The Opposite Parties would reply that at the time of packing the materials the condition of the articles do not known to them and as per the terms and conditions they have delivered the articles and hence they have not committed any deficiency in service.

8. Though the Complainant stated that one of the chair completely damaged the same was not supported by any endorsement in Ex.A2. Therefore, the amount spent to repair the chair under Ex.A16 for a sum of Rs.450/- is rejected.

9. The Ex.A2 is the delivery slip. At the time of delivery of the articles the Complainant made endorsement in Ex.A2 delivery slip that the “bureau bottom and back body completely damaged. Bike back side completely damaged. This should be replaced”. This endorsement of the Complainant proves that at the time of delivery the bureau, and motor bike was in damaged condition as stated above.Ex.A14  receipt for a sum of Rs.6,500/-  is the proof for repairing the Bureau and likewise Ex.A15 receipt for a sum of Rs.4,500/- is the proof for repairing the motor bike.

10. The contention of the Opposite Parties are that at the time of packing the materials the condition of the articles do not known to them and hence they were not liable. When the Opposite Parties undertakes to transport the materials they should aware of the condition of the articles at the time of booking and hence the contention of the Opposite Parties is rejected. Therefore the Complainant proved that the Opposite Parties have committed deficiency by damaging the articles during transport of the same through the endorsement made by him in Ex.A2 delivery slip and also spent a sum of Rs.11,000/- for repairing  the bureau and motor bike under Ex.A14 & Ex.A15 receipts and hence, it is held that the Opposite Parties 1 & 2 have committed deficiency in service to the Complainant.

11. POINT NO:2

          The Opposite Parties damaged two articles and delivered then to the Complainant and due to that the Complainant seeking the relief to refund the carriage charges paid by him is acceptable. Further, due to the damage caused by the Opposite Parties, the Complainant incurred expenses to repair the articles and  for such expenses the Complainant is entitled from the Opposite Parties. Further due to the act of the Opposite Parties the Complainant suffered with mental agony is accepted.

          12. Therefore, it would be appropriate to order that the Opposite Parties to pay a sum of Rs.4,964/- towards the carriage charges, also to pay a sum of Rs.11,000/- towards repairing charges and also to pay a sum of Rs.10,000/- towards compensation for mental agony besides a sum of Rs.1,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Parties 1 & 2 jointly or severally are  ordered to pay a sum of Rs.4,964/- (Rupees four thousand nine hundred and sixty four only) towards the carriage charges to the Complainant and also to pay a sum of Rs.11,000/- (Rupees eleven  thousand only) towards repairing charges and to pay a sum of Rs.10,000/- (Rupees ten thousand only)towards compensation for mental agony besides a sum of Rs.1,000/-(Rupees one thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 28^th day of July 2017.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 14.09.2015                   Booking slips

Ex.A2 dated 17.09.2015                   Delivery slips

Ex.A3 dated 19.11.2015                   Complainant’s notice

Ex.A4 dated 23.11.2015                   Opposite Parties acknowledgement

Ex.A5 dated 18.01.2016                   Complainant’s notice

Ex.A6 dated 19.01.2016                   Opposite Parties acknowledgement

Ex.A7 dated 29.01.2016                   Complainant’s notice

Ex.A8 dated 01.02.2016                   Opposite Parties acknowledgement

 

Ex.A9 dated 14.01.2016                   Registration receipt of Rotary Consumer Guidance

                                                    Cell, Anna Nagar, Chennai – 40

 

Ex.A10 dated 12.02.2016                 Notice issued by the Chairman, Rotary Consumer

                                                     Guidance cell, Anna Nagar, Chennai – 40 to

                                                     Opposite Parties

 

Ex.A11 dated 19.02.2016                 2^nd Opposite Party Head office acknowledgement

 

Ex.A12 dated 01.03.2016                 1^st Opposite Party Chennai 102 office returned the

                                                       notice issued by the Chairman Rotary Consumer

                                                   Guidance cell, Anna Nagar, Chennai – 40.

 

Ex.A13 dated 01.12.2008                 Pension payment order

 

Ex.A14 dated 18.09.2015                 Estimate from bureau Industries

Ex.A15 dated 18.09.2015                 Estimate from Bike shop

 

Ex.A16 dated 18.09.2015                 Estimate from shop

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

                                                ……. NIL…..

 

 

 

 

MEMBER – I                                                               PRESIDENT