Tamil Nadu

South Chennai

CC/277/2022

Mr. R. Subramaniyan - Complainant(s)

Versus

KPN Travels India Ltd., and another - Opp.Party(s)

M/s. V. Kannadasan

23 Feb 2023

ORDER

                                                Date of Complaint Filed : 19.07.2022

                                                Date of Reservation      : 09.02.2023

                                                Date of Order               : 23.02.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                 :  MEMBER  I 

                      THIRU. S. NANDAGOPALAN., B.Sc., MBA.,           : MEMBER II

 

CONSUMER COMPLAINT No. 277/2022

THURSDAY, THE 23^rd DAY OF FEBRUARY 2023

Mr.R. Subramaniyan, M/60 Years,

S/o. Mr. Ramasamy,

C-Block, F2, Kala Flas,

No.23/11, Car Track Street,

Guindy,

Chennai – 600032.                                                                                                                       ... Complainant                

 

..Vs..

1.KPN Travels India Ltd,

   Rep. by the Manager,

   No.23 B, Rajaji Street, Swarnapuri,

   Salem – 636004.

 

2.KPN Speed Parcel Services Pvt Ltd,

   Rep. by the Manager,

   No.130, Poonamalle High Road,

   Maduravoyal,

   Chennai – 600 095.                                                                                                                    ...  Opposite Parties

 

******

Counsel for the Complainant          : M/s. V. Kannadasan

Counsel for the Opposite Parties     : Exparte

 

On perusal of records and after having heard the oral arguments of the Counsel for the Complainant, we delivered the following:

ORDER

Pronounced by Member-II, Thiru. S. Nandagopalan., B.Sc., MBA.,

1.      The Complainant has filed this complaint as against the Opposite Parties under section 35 of the Consumer Protection Act, 2019 and prays to direct the Opposite Parties to pay a sum of Rs.8,500/- towards the cost of the missing consignment and to pay a sum of Rs.220/- towards the value and charges on the consignment levied by the Opposite Parties and to pay a sum of Rs.50,000/- towards the compensation for the mental agony and the act of deficiency service, unfair trade practice and breach of trust.

2.     The averments of Complaint in brief are as follows:-

The Complainant submits that he booked a consignment on 22.02.2022, contained a 'Fabian Glass Top Gas Stove' worth about Rs 8,500/- through the courier service of 2^nd Opposite Party with a fond hope that it will reach within a reasonable time to the address of the consignee, for the said consignment booking slip was issued by the 2^nd Opposite Party herein with LR.No. 371056979, dated 22.02.2022 by collecting a sum of Rs.220/- towards the freight charges. Though the consignment was booked on 22.02.2022, did not reach the destination till filing of this complaint. He personally visited the Chennai parcel office of the Opposite Parties at Parivakkam and Maduravoyal many times and also contacted them on 26.02.2022, 28.02.2022, 02.03.2022, 03.03.2022 moreover personally met the Parcel Incharge Officer Mr. Velu and enquired with the 1^st Opposite Party Head Office at Salem, but no proper reply was given about the whereabouts of the consignment. As per the Opposite Parties bill clause No.5 of the Terms and Conditions for Carriage of Goods it was mentioned that "the parcel will be delivered within reasonable time at the delivery place" in contrast even after 136 days of booking, the consignment was not delivered. Hence the Opposite parties indulged in deficiency of service and unfair trade practice for the services opted by allowing the Complainant to suffer mental agony for the loss of his consignment worth Rs.8500/-. To address his grievances, he had served notice on the Opposite parties, since the Opposite Parties failed to answer for which this Complaint is filed. 

4.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents marked as Ex.A-1 to Ex.A-4. Despite sufficient notice served on the Opposite parties, Opposite parties failed to appear before this commission and they have been called absent and set Ex-parte.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

It is an undisputed fact that the Complainant booked a consignment from chennai to villupuram with the 2^nd Opposite Party courier service containing a ‘Fabian Glass Top Gas Stove’ worth Rs.8500/- and the respective bill was found in Ex.A-1 and for the same product 2^nd Opposite Party issued a booking slip with LR.No. 371056979, dated 22.02.2022 by collecting a sum of Rs.220/- towards the freight charges as found in Ex.A-2. The contention of the Complainant is that the consignment was not delivered to the consignee till the time of filing this complaint, Inspite of his numerous representation at the chennai parcel office of the 2^nd Opposite Party and personal visits and met the respective persons to address the missing and undelivered consignment followed by taking the issue to the knowledge of the 1^st Opposite Party i.e Head Office of KPN travels at salem via phone calls but there is no proper response from any of the Opposite parties about the whereabouts of the missing consignment and not made any efforts to trace the parcel. Henceforth caused legal notice to both the Opposite Parties on 05.03.2022 as seen in Ex.A-3 and even the same was acknowledged by both the Opposite parties on 07.03.2022 as found in Ex.A-4, evoked no response, on discussions made above and on considering the facts and circumstances of the case, it is clear as per Ex.A-1 under clause No.5 of the Terms and Conditions for Carriage of Goods it was agreed by the Opposite Parties to deliver the consignment at the delivery place within reasonable time even after 136 days of booking the consignment remains undelivered without any proper response, allowing the Complainant to suffer. It is clearly proved that the Opposite Parties had acted lethargically and negligently, which amounts to deficiency in service on the part of the Opposite Parties and thereby caused serious mental agony to the Complainant. Accordingly, point No.1 is answered. 

Point Nos.2 and 3:

As discussed and decided Point No.1 against the Opposite Parties, the Opposite Parties are liable to pay sum of Rs.8,500/- towards the cost of the missing consignment and to pay sum of Rs.220/- towards the charges on the consignment levied by the Opposite Parties along with a sum of Rs.10,000/- towards compensation for deficiency in service and Rs.5,000/- towards the cost. Accordingly Point Nos. 2 and 3 are answered. 

In the result the Complaint is allowed in part. The 1^st and 2^nd Opposite Parties are jointly and severally directed to pay sum of Rs.8,500/- (Rupees Eight Thousand and Five Hundred Only) towards the cost of the missing consignment and to pay sum of Rs.220/- (Rupees Two Hundred and Twenty Only) towards the charges on the consignment levied by the Opposite Parties along with a sum of Rs.10,000/- (Rupees Ten Thousand Only) towards compensation for deficiency in service and Rs.5,000/- (Rupees Five Thousand Only) towards the cost of the litigation within 8 weeks from the date of receipt of the order.

In the result the complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 23^rd of February 2023.

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 List of documents filed on the side of the Complainant:-

 

Ex.A1	01.02.2022	Receipt of purchase of Fabian Glass Top Gas Stove
Ex.A2	22.02.2022	Booking Slip No.0258479
Ex.A3	05.03.2022	Statutory Notice sent by Complainant to Opposite Parties through RPAD with postal receipt
Ex.A4	07.03.2022	Acknowledgement due cards of Opposite Parties

 

List of documents filed on the side of the Opposite Parties:-

NIL

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT