BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

03^rd DAY OF NOVEMBER 2015

O R D E R

SMT. SHANTHA P.K, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) to trace the two parcels and deliver back the same, failing which to pay Rs.15,913/- being the cost of the items, to pay compensation of Rs.50,000/- for causing loss of trust with the customer and such other reliefs on the allegations of deficiency in service.

2. The brief averments made in the complaint are as under:

The complainant is a trading firm dealing in wood working machine tools and PVC Edge Banding Tapes for furniture industries.  The complainant has sent circular saw blades and PVC Edge Band tapes to the below mentioned customers through KPN i.e.,

1. M/s. Shine Wood Industries, Coimbatore, against invoice No.602, dated 27.01.2015 vide LR No.BLR021920356 dated 27.01.2015.

2. M/s. Lekha Office Equipment, Pondicherry, against invoice No.605, dated 27.01.2015 vide LR No.BLR021920358.

OP failed to deliver the said consignments to the complainant’s customers.  Inspite repeated phone calls and personal visits to the OP office OP has not made any efforts to trace the consignment.  Complainant has sent a letter to OP dated 11^th March 2015 requesting the OP to trace the consignments and hand over the same either to the customers or return the sender.

For the aforesaid reasons, complainant prays for directing OP to pay Rs.15,913/- being the cost of the items, Rs.3,000/- towards expenses incurred by the complainant, Rs.3,000/- towards compensate for the loss of man power and Rs.50,000/- towards compensation for causing loss of trust with the customers and such other reliefs as deems fit.   

3. The notice of complaint was issued to the OP and despite service of notice, the OP failed to appear and contest the complaint and has been placed ex-parte.  Thereafter, Proprietor of OP Sri.R Nagaraj, filed his affidavit by way of evidence and also filed his written submission.

4. Perused the averments made in the complaint, affidavit filed in lieu of evidence, written arguments, documents filed by the complainant and other materials placed on record.

5. The complainant is a trading firm dealing in wood working machine tools and PVC edge banding tapes for furniture industries.  Complainant has sent consignment i.e., circular saw blades and PVC edge band tapes to M/s.Shine Wood Industries, Coimbatore on 27.01.2015 and M/s.Lekha Office Equipment, Pondicherry on 27.01.2015 through KPN Speed Parcel Services (OP).  But OP failed to deliver the said consignment to the complainants’ customers.  In spite of repeated phone calls and personal visits to the OP office, OP has not made any efforts to trace the said consignments.

6. Due to the negligence on the part of the OP in not delivering the materials to the complainant’s customers has disturbed the production plans of his customers and caused loss of the confidence of its customers by not adhering to delivery schedule.  The complainant has issued a letters to OP on 11.03.2015 and 27.03.2015 through RPAD.  Despite service of the letters, OP failed to respond.  OP neither provided the proper service nor refunded the amount to the complainant.  Thus, the act of the OP in not delivering the consignments to the complainant customers or refund the amount to the complainant inspite of notice amounts to unfair trade practice and deficiency in service. 

7. The very fact of OP not contesting the proceedings leads us to draw an inference that OP is admitting the claim of the complainant.  There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced.  We are satisfied that the complainant has proved the deficiency in service against OP.  Under the circumstances, we are of the considered view that OP is liable to pay Rs.15,913/- to the complainant within 30 days from the date of receipt of this order.  Further the OP has to be directed to pay compensation of Rs.5,000/- to the complainant together with litigation cost of Rs.3,000/-.  In the result for the foregoing reasons, we proceed to pass the following:

       O R D E R

The complaint filed U/s.12 of the Consumer Protection Act, 1986 by the complainant is allowed in part.  OP is directed to pay Rs.15,913/- to the complainant being the cost of the items as per the invoice.  Further OP is directed to pay compensation of Rs.5,000/- to the complainant for causing loss of trust with the customers together with litigation costs of Rs.3,000/-.

 OP shall comply the order passed by this Forum within 30 days from the date of receipt of this order.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 03^rd day of November 2015)

MEMBER                            MEMBER                     PRESIDENT

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COMPLAINT NO.845/2015

Complainant                 -        Jyothi Enterprises,

Bangalore-560039.

Represented by R.Nagaraj,

Proprietor.

                                          -vs-

Opposite Party              -        KPN Speed Parcel Services,

Bangalore-560 027.

Witnesses examined on behalf of the complainant dated 22.07.2015.

1. Sri.R. Nagaraj

          OP  -       Absent

MEMBER                           MEMBER                      PRESIDENT

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