The Complainant’s case is as follows:

           The complainant is a chartered accountant by profession and is the partner of the firm M/s Sethu, Santhan & Co. The respondents are engaged in courier service across the country. The 1^st respondent is its branch office functioning at Thrissur and 2^nd respondent is its head office at Kottayam. On 30/12/06, the complainant on behalf of his firm entrusted the 1^st respondent an envelope addressed to Mr.R.Narendranadhan, concurrent auditor, Federal Bank Ltd., SSI Financing Branch 615, Oppanakkara Street, Coimbatore for delivering the same to the addressee. The envelope contained valuable and important documents which had to be delivered to the addressee very promptly and within a close dead line. This was informed to the 1^st respondent and it was undertaken by the 1^st respondent that the envelope will be delivered on 1/1/07. Believing the said representation the complainant handed over the envelope for due delivery to the addressee. The entrustment of the envelope was acknowledged by the 1^st respondent vide receipt No.2724892 dated 30/12/06. The said envelope was not delivered on 1/1/07 that was brought to the notice of respondents but no explanation was received to the complainant. Even when the envelope was not delivered on 4/1/07 and on enquiry the 1^st respondent started acting deaf the complainant on 5/1/07   issued a written notice to the 1^st respondent to trace out the envelope and to explain the reason for inordinate delay and non delivery. The complainant had also informed the respondents that the delay had defeated the very purpose for which it was sent. But the respondent ignored the said request and did not even had the courtesy of giving a reply or an explanation for the gross negligence to the complainant. Since the complainant was unable to explain the non delivery of the envelope which contained valuable and time bound documents the complainant lost a very valuable client and also had to compensate the client which alone came to Rs.15,000/-. Due to the above said acts of the respondents the complainant had sustained damages to the tune of Rs.65,000/- approximately, Rs.50,000/- being the estimated amount the complainant would have stood to gain had his client continued to engage him for services, and Rs.15,000/- the amount he paid as compensation. It was informed to the complainant that the envelope was delivered to the addressee on 22/1/07 but it was too late to undo all the damages already occasioned due to its non delivery within the deadline. Hence the complaint. On 31/1/07 the complainant issued a lawyer notice to the respondents demanding compensation. The 1^st respondent received the notice on 1/2/07 and the 2^nd respondent on 2/2/07, but neither of the two compensated the complainant or replied for the same. 

 

           2. The respondents are called absent and set exparte. 

 

            3. To prove the case of the complainant he has filed an affidavit and the documents produced by him were marked as Exhibits P1 to P4.

 

            4. According to the complainant he is entitled to get the amount he had given to the party as compensation i.e.15,000/- and also a compensation of Rs.50,000/- as his loss in business with the party. But there is no evidence to prove the same. The contents of the courier are also not mentioned.

 

            5. In the result the complaint is partly allowed and the respondents are directed to pay Rs. 5,000/- (Rupees Five thousand only) as compensation with cost Rs.750/- (Rupees Seven hundred and fifty only) within a month.