Tamil Nadu

South Chennai

CC/314/2013

V.Mahendhiran - Complainant(s)

Versus

L.R.Exports, - Opp.Party(s)

S.Ganesh Kumar

25 Jun 2018

ORDER

                                                                        Date of Filing  : 12.09.2013

                                                                          Date of Order : 25.06.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge 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.                                : MEMBER-I

 

C.C. No.314 /2013

DATED THIS MONDAY THE 25^TH DAY OF JUNE 2018

                                 

V. Mahendiran,

S/o. Mr. D. Varadharajan,

No.12, Aringar Anna Street,

Nandavana Mettur,

Kamaraj Nagar,

Chennai – 600 071.                                                .. Complainant.                                               

 

                                                   ..Versus..

M/s. L.R. EXPORTS,

Represented by its Proprietor

Mr. L. Rajendran,

No.9/17, Ulagappa Street,

Chintadripet,

Chennai – 600 002.                                          ..  Opposite party.

          

Counsel for complainant     :  M/s. S. Ganeshkumar & another

Counsel for opposite party :  M/s. S. Rajendran & another

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay the cost of the goods undelivered to his son in law namely 5 Kilograms of food items (Mangoes) together with the payments made by him to the tune of Rs.11,040/-, to pay a sum of Rs.1,00,000/- towards compensation for mental agony and to pay the cost of the complaint.

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

The complainant submits that he sent a parcel to his daughter and son-in-law living in United States of America.  The complainant further submits that he sent food items weighing 22.600 Kilo Grams by way of shipment through the opposite party on 25.06.2013 on payment of Rs.11,040/- through the opposite party.    Further the complainant submits that the food items were handed over to the Collection Executive of the opposite party in a good condition after weighing and was duly reached the complainant’s son in law house at U.S.A. and delivered 39 LBS of good equalent to 17.69 Kilo Grams only and 5 Kilo Grams of food item namely mangoes was not delivered to the complainant’s son in law house.  Further the complainant submits that immediately after receiving the intimation regarding the non delivery of foods items 5 Kilo Grams of mangoes, the complainant contacted the opposite party for that there was no proper response.   Therefore the complainant issued legal notice dated:20.07.2013 to the opposite party but the opposite party failed to comply for the demands of the complainant.   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 handed over the goods to be delivered to his daughter and son in law in U.S.A weighing 22.600 Kilograms.   The complainant totally suppressed the food item of mangoes in the parcel.  In U.S.A., shipment of mangoes were banned due to prohibited pesticides were used in India.   Further the opposite party states that the complainant assured that the Carton contains permissible food items only and clothes for kids.  The FEDEX receipt dated:25.06.2013 reveals that 20 Kilograms of food items and clothes alone booked by the opposite party to USA to the complainant’s daughter and son in law.  The allegations that the opposite party booked only 17.69 Kilograms with FEDEX is totally false.  Further the opposite party states that the complainant clandestinely wrapped the mangoes with kids clothes items were detected out at the time of Customs and Excise checking and removed the mangoes from the Carton in accordance with the Policy and rules of law of U.S.A.   Further the opposite party states that the compensation claimed is imaginary.  There is no negligence or deficiency in service on the part of the opposite party in delivering the goods.  Therefore, the complaint is liable to be dismissed.

3.   In order 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 filed and documents Ex.B1 & Ex.B2 are filed and marked on the side of the opposite party.

4.     The points for consideration is:-

1. Whether the complainant is entitled the cost of 5 kilograms of food items (mangoes) together with a payment to the tune of Rs.11,040/- as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony with cost as prayed for?

5.     On point:-

Both parties filed their respective written arguments.   Heard the complainant’s Counsel also.  Perused the records namely the complaint, written version, proof affidavits, documents etc.  Admittedly, the complainant sent a parcel to his daughter and son-in-law living in United States of America.  The complainant pleaded and contended that he sent food items weighing 22.600 Kilo Grams including 5 Kgs of Mangoes by way of shipment through the opposite party on 25.06.2013 on payment of Rs.11,040/- through the opposite party as per Ex.A1.    Further the contention of the complainant is that the food items were handed over to the Collection Executive of the opposite party in a good condition after weighing and was duly reached the complainant’s son in law house at U.S.A. and delivered 39 LBS of goods equalent to 17.69 Kilo Grams only and 5 Kilo Grams of food item namely mangoes was not delivered to the complainant’s son in law house.  But on a careful perusal of the records related to the list of articles shipped as per Ex.A3 and Ex.B1, it is seen that they are absolutely silent regarding the food item of mangoes amounts to suppression of fact.   Equally, the shipment bill Ex.B2 shows only 20 kgs.  There is no record produced by the complainant to prove that 17.69 kg alone delivered or shipped.  Further the contention of the complainant is that  immediately after receiving the intimation regarding the non delivery of foods items 5 Kilo Grams of mangoes, the complainant contacted the opposite party for that there was no proper response proves the deficiency of service of the opposite party.   The complainant is claiming the value of 5 Kilo Grams of food item  (Mangoes) together the shipment charge of Rs.11,040/- and a compensation of Rs.1,00,000/-. 

6.     The contention of the opposite party is that admittedly, the complainant handed over the goods to be delivered to his daughter and son in law in U.S.A weighing 22.600 Kilograms.   The complainant totally suppressed the food item of mangoes in the parcel is proved from Ex.A3 and Ex.B1.  In U.S.A., shipment of mangoes were banned due to prohibited pesticides were used in India.  Further the contention of the opposite party is that the complainant assured that the Carton contains permissible food items only and clothes for kids.  The FEDEX receipt dated:25.06.2013 reveals that 20 Kilograms of food items and clothes alone booked by the opposite party to USA to the complainant’s daughter and son in law as per Ex.B2.  The allegation that the opposite party booked only 17.69 Kilograms with FEDEX is totally false.  Further the contention of the opposite party is that the complainant clandestinely wrapped the mangoes with kids clothes items were detected out at the time of Customs and Excise checking and removed the mangoes from the Carton in accordance with the Policy and rules of law of U.S.A. which is not denied by the complainant in this Forum.   Further the contention of the opposite party is that the compensation claimed is imaginary.  The complainant is not entitled to any compensation in this case.  Considering the facts and circumstances of the case this Forum is of the considered view that the complainant is not entitled to any claim and compensation and the complainant has to be dismissed. 

In the result, this complaint is dismissed.  No costs.

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 25^th day of June 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	25.06.2013	Copy of cash bill issued by the opposite party to the complainant
Ex.A2	25.06.2013	Copy of International Air Way bill issued by FEDEX
Ex.A3	27.06.2013	Copy of web Entry Summary confirmation issued by Food and Drug Administration USA
Ex.A4	20.07.2013	Copy of legal notice issued by the complainant’s Counsel to opposite party

 

OPPOSITE  PARTY SIDE DOCUMENTS:  

Ex.B1	25.06.2013	Copy of invoice issued by FEDEX
Ex.B2	25.06.2013	Copy of FEDEX International Airway bill

 

 

MEMBER –I                                                                      PRESIDENT