Complainant     :   P.Venugopal, Gokul, Kannangath Lane, Thrissur.

                             (By Adv.K.Arunkumar Kaimal, Thrissur)

Respondents             : 1. Manager, DTDC Courier & Cargo Ltd., West Fort,

                             Thrissur.

                         2. DTDC Courier & Cargo Ltd., DTDC House No.3,

                             Victoria Road, Bangalore, rep. by Managing Director.

                             (By Adv.K.Suresh Babu, Irinjalakuda for R2)

                                                 ORDER

By M.S.Sasidharan, Member

          The  complaint is filed against the alleged deficiency in service committed by the respondent in failing to  deliver the articles sent through them.  The case is that the complainant availed the services of the 1^st respondent to send a packet containing invitation cards to his son Dr.Rajagopal who is working at Pramukh  Swamy Medical College  as II Resident Dept. of Anesthesia at Gujarat.  The  marriage of Dr.Rajagopal was  fixed on 19/8/07.  The complainant had sent the packet containing invitation cards on 17/7/07 to Dr.Rajagopal in order to invite his colleagues, friends and teachers.  The 1^st respondent assured  when booking that this consignment would reach the destination within four days.  But it did not reach there.  When he contacted the 1^st respondent he initially stated that they would  enquire into the matter.  But they did nothing.  The complainant had to print  fresh invitation cards  from Archana  Printers on emergency and had to  send a  fresh packet of these invitation cards through the Blue Dart Express Ltd. On 27/7/07.  Due to this the complainant had to undergo mental tension and agony.   Hence the complaint filed.

            2. The 1^st respondent called absent and set exparte.

          3. The 2ndrespondent filed a counter to the effect that the complainant is not a consumer and the complainant has not availed any service of the 2^nd respondent and he has not send  any packet through him.  So the complainant is not entitled to get any amount from him.  Hence dismiss the complaint.

          4. Points for consideration are that :

1) Is there any deficiency in service committed by the respondent ?

2) If so reliefs and costs ?

          5. Evidence adduced are Exhibits P1 to P5 only.  Respondent submitted no evidence.  The complainant and the respondents did not adduce any oral evidence.

          6. Points : The complainant’s case is that he availed the service of the 1^st respondent to send a packet containing invitation cards to his son Dr.Rajagopal who is working at Guajart.  The marriage of Dr.Rajagopal was fixed on 19/8/07  and the invitation cards were meant to invite his colleagues and friends at Gujarat.  But the packet containing invitation cards did not reach at Gujarat.  Even though he complained to the 1^st respondent they did nothing.  The loss of packet containing the invitation cards  necessitated  the complainant to print the cards again at Archana  Printers and also to send  it to his   son through Blue Dart Express.  Exhibit P1 receipt reveals that the complainant entrusted the invitation cards with the 1^st respondent on 17/7/07 to deliver it to Dr.Rajagopal at Gujarat.  Exhibit P2 is the specimen  copy of the invitation.  It is evident from Exhibit P4 that the invitation cards were again printed on 26/7/07 from Archana Printers and Exhibit P5 receipt proves that these cards were again sent through Blue Dart Express as stated by the complainant.  So from the evidence produced it is made clear that the packet of invitation cards entrusted with the 1^st respondent has not been delivered to Dr.Rajagopal.  The 2^nd respondent did not deny that the 1^st respondent is working as their branch office at Thrissur.  Hence the respondents failed to deliver the packet of invitation cards entrusted to them which is  nothing but their deficiency in service.

          7. In the result the complaint is allowed and the respondents are directed to pay back Rs.140/-, the Exhibit P1 amount together with a compensation of Rs.5,000/- and cost Rs.500/- within one month from the date of receipt of copy of this order.

            Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 28^th    day  of November 2012.

                                                                             Sd/-

                                                                   M.S.Sasidharan, Member        

                                                                             Sd/-

                                                                   Padmini Sudheesh, President                                         Appendix

Complainant’s Exhibits

Ext.P1 Receipt

Ext.P2 Invitation card

Ext.P3 Bill dt. 14/7/07

Ext.P4 Bill dt. 26/7/07

Ext.P5 Receipt dtd.27/7/07

                                                                             Id/-

                                                                        Member