Date of filing : 04-03-2011
Date of order : 27 -08-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 48/2011
Dated this, the 27th day of August 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Muhammad Iqubal, } Complainant
S/o.M.A.Ummer,
Kalliyil House, Po.Padnakkad,
Kasaragod.
(In Person)
Salim, } Opposite party
Manager, Calicut Cargo Service Godown,
Pulikkal Grama Panchayath, Ward.No.VI,
Building No.10, Po. Calicut Air Port,
Malappura.Dist.
O R D E R
SMT.K.G.BEENA, MEMBER
The case of the complainant Sri. Mohammed Iqubal is that when he was working at Sharja on 4-4-2010 he was entrusted with Calicut Cargo LL in Sharja U.A.E for shipping some house hold articles worth `1 lakh to his mother. But neither the articles were delivered to the addressee nor compensation given even after repeated enquiries and assurance. Hence the complaint for redressal.
2. Opposite party absent inspite of notice issued by registered post. Hence opposite party had to be set exparte.
3. Complainant examined as PW1 and Exts A1 to A3 marked. Ext.A1 is the bill given by opposite party at the time of entrusting the articles to Calicut Cargo LL in Sharjah U.A.E. They received 380 Dirham as delivery charge. Ext.A2 the receipt voucher given by them at the time of paying delivery charge. When the complainant went to the office of opposite party at Calicut to enquire about the articles entrusted with their Sharjah office one of the staff assured that if the articles are not delivered to him then compensation will be paid. Ext. A3 is the letter of assurance issued from the office of opposite party to the complainant stating that the cargo will be delivered before Sep.20 or compensation will be paid. These house hold articles were send through opposite party for the purpose of marriage of the complainant. They were worth to the equivalent of Indian `1,00,000/-. Complainant also sent articles of his uncle in the same consignment amount to `15,000/-. But the article entrusted in the cargo office of opposite party at Sharjah were not delivered yet. Many times the complainant went to the office of opposite party, one of the staff assured in writing that if articles are not delivered, they will pay compensation.
4. As per Ext.A1 the articles are entrusted to Calicut Cargo LLC in Sharjah, U.A.E on 4-4-2010 to effect delivery through opposite party to Rukia, W/o.Ummer, Fazila Manzil, Padnakkad a parcel including 4 bed sheets, 4 blankets, one emergency lamp, plate set, soap, tooth paste sets, computer scanner, car washing powder, torch, car parking cover and other items weighing 80 Kg worth `1,00,000/- to deliver it to the addressee. The documents produced by the complainant shows that he had entrusted a parcel weighing 80Kg to the opposite party. But the opposite party neither delivered nor given the compensation to the complainant. As the clearing agent it is the duty of the opposite party either to deliver the articles or compensate the loss suffered by complainant. The parcel is entrusted to the opposite party on 4-4-2010. Thereafter the complainant went to the office of opposite party and enquired about the parcel, yet the parcel is not delivered to the addressee. The complainant suffered monetary loss and mental agony.
In the result, the complaint is allowed and opposite party is directed to give a compensation `1,00,000/-and cost of `3,000/-to the complainant within 30 days from the date of receipt of this order. Failing which opposite party shall be liable to pay interest @ 9% for the said amount from the date of complaint till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.04-04-2010 Bill No. 0121.
A2.04-04-2010 .No.1021 Receipt Voucher.
A3. letter sent by Calicut Cargo Service Exporting & Importing to complainant.
PW1. Muhammed Iqubal
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/
Forwarded by Order
SENIOR SUPERINTENDENT
