By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
Complainant has been conducting whole sale distribution and retail sale of Orchid plants and flowers at Kattumunda , Wandoor, with the name “Jessy Orchids” within Kerala and also to other states. As per the order from customers, complainant send orchid plants and flowers through courier services within Kerala and outside.
2. On 11/01/2021, complainant had sent some orchid plants worth Rs. 5000/- through opposite party No.1 to one of complainant’s customer namely Smt. Muneera, who is the resident at Bangalore. At the time of sending the consignment the opposite party No.1 had promised to complainant that the consignment will be delivered on or before 16/01/2021. By believing the assurance given by opposite party No.1, complainant handed over the consignment to opposite party No.1 on 11/1/2020 and had send the consignment through opposite party’s courier service . But the above said consignment already sent through opposite party No.1 had not yet delivered to the recipient Smt. Muneera. Whenever complainant contacted the office of first opposite party, they informed the complainant that the consignment had already sent to Bangalore on 11/01/2021 and they are trying to trace out the same.
3. Complainant again stated that the above said Mrs. Muneera is a valid customer for them and she had placed another two orders of Orchid plants along with the above order. But due to the non delivery of consignment, the above customer of complainant had lost the trust on him and she had sent a letter to complainant for cancelling the other two orders and she demanded the refund of Rs. 5,000/- which she already paid for her first order.
4. Due to the non delivery of the consignment the complainant had lost his valuable customer and he had lost further business orders which is offered through the customer. Due to the deficiency of service from the side of opposite parties, complainant’s customer had lost trust on him and the same caused financial loss , mental agony and damage to complainant’s business. Due to the non delivery of the consignment, complainant had refunded Rs. 5000/- to the above customer on 19/01/2021. Thereafter on 15/02/2021 complainant had sent a lawyer notice to opposite parties to convince them the financial loss and mental agony caused to him and the damage which caused to his business due to the act of them. The opposite parties received the notice, but no reply given to complainant. Hence there is clear deficiency of service and unfair trade practice committed by opposite parties.
5. The prayer of the complainant is that, he is entitled to get Rs. 5000/- with 12% interest from 11/01/2021, towards the amount refunded by complainant to his customer due to the deficiency of service from the side of opposite parties, and Rs. 120/- the amount paid for sending the consignment with first opposite party , Rs. 100,000/- as compensation for the deficiency in service from the side of opposite parties which caused mental agony , financial loss and damage caused to the complainant and cost.
6. On admission of the complaint notice was issued to the opposite parties and notice served on them and they did not turn up. Hence opposite parties were set exparte.
7. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents produced were marked as Ext. A1 to A3. Ext. A1 is the copy of the receipt given by opposite party No.1 to complainant, Ext. A2 is the copy of lawyer notice sent by complainant’s counsel to opposite parties and postal receipts, Ext. A3 is the original Acknowledgement card (2 Nos).
8. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainants produced three documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
9. Hence we allow this complaint as follows:-
- The opposite parties are directed to give Rs. 5000/-(Rupees Five thousand only) with 9% interest from 11/01/2021 till date of payment to complainant towards the amount refunded by complainant to his customer due to the deficiency of service from the side of opposite parties.
- The opposite parties are also directed to pay Rs. 120/-(Rupees One hundred and twenty only) with 9% interest from 11/1/2021 till date of payment to complainant, the amount paid for sending the consignment through first opposite party.
- The opposite parties are also directed to pay compensation of Rs. 1,00,000/- (Rupees One lakh only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties also directed to pay Rs.3000/- as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days fromthe date of receipt of copy of this order, the opposite parties are liable to pay
the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
