BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 24/11/2014

Date of Order : 26/02/2015

Present :-

Shri. Sheen Jose, Member.

Smt. V.K. Beena Kumari, Member.

C.C. No. 863/2014

Between

And

O R D E R

V.K. Beena Kumari, Member.

1. The facts of this complaint are as follows :-

The complainant sent a birthday gift to his son through the opposite party courier. He paid Rs. 210/- towards courier charges on 08-10-2014. But the said courier packet has not yet received by his son. Therefore, the complainant enquired with the opposite party and also made complaints to the opposite party both in person and through telephone. The opposite party paid no attention to the enquiries and the complaint given to the opposite party. Hence the complainant filed this complaint seeking direction against the opposite party either to deliver the materials to him, if not delivered to his son or to refund the price of materials entrusted with the opposite party for sending it to his son at chattisgarh. The complainant claimed refund of the courier charges of Rs. 210/- along with compensation of Rs. 15,000/- towards compensation for the mental agony and inconveniences suffered by the complainant.

2. Despite notice served on the opposite party, nobody appeared before this Forum for and on behalf of the opposite party. The complainant has adduced no oral evidence. The documentary evidence furnished by the complainant were marked as Exts. A1 and A2. Heard the complainant who appeared in person.

3. The issues to be decided in this case are as follows :-

1. Whether the complainant is entitled to get re-delivery of the goods or to get refund of Rs. 4,494/- being the price of the goods entrusted with the opposite party?

2. Whether the opposite party is liable to pay compensation of Rs. 15,000/- to the complainant for the mental agony and inconveniences suffered by the complainant?

4. Point No. i. :- The complainant sent 2 T shirts and one pants valued Rs. 4,494/- to his son to the address Br. Shemon Cheenikal, Samanvaya Theology College, Kolchur, BASTAR, Chattisgarh, Pin – 494 001” through the opposite party courier. The complainant had paid Rs. 210/- towards courier charges as evidenced by the consignment note marked as Ext. A1. The said goods has not yet received by the complainant's son. Ext. A1 would show that the opposite party courier company had received 2 shirts and one pants on 08-10-2014. The value of the goods was shown as Rs. 1,800/- by the opposite party. The complaint filed before this Forum the purchase bill of the above items vide Ext. A2 wherein the value of goods is shown as Rs. 4,497/-. Nothing is forthcoming from the opposite party to discredit the averments made by the complainant. The opposite party remained absent from the proceedings before this Forum for reasons best known to the opposite party. Therefore, the complainant is heard who appeared in person and this complaint is disposed off ex-parte. It is true that the complainant had entrusted the opposite party 2 T shirts and one pants on 08-10-2014. After paying courier charges of Rs. 210/- for being delivered to the address of his son who is at Chattisgarh. But the goods entrusted with the opposite party has not been yet delivered to the son of the complainant, who is the addressee noted in Ext. A1 consignment note of the opposite party. The complainant produced before this Forum, the purchase bill showing that he had purchased the relevant dress materials on 07-10-2014 from M/s. Poovath International, Aluva vide invoice No. CM 14/2816 dated 07-10-2014. We find no reason to discard the above evidence furnished by the complainant, since nothing is on record to prove the acknowledgment of the receipt of the courier packet by the son of the complainant. The non-delivery of the courier or the parcel at the given address certainly amounts to deficiency in service on the part of the opposite party as held by the Hon'ble National Commission in M/s. Airstar Express Courier Vs. M/s. Indor Medical Store and Anr. CRP No. 3702/2007 dated 16-03-2012.

5. In the circumstances stated above, we find that the complainant is entitled either to get re-delivery of the materials entrusted with the opposite party or to get refund of the value of the goods of Rs. 4,497/- with interest @ 12% p.a. till realisation along with the courier charges of Rs. 210/- collected by the opposite party.

6. Point No. ii. :- The complainant entrusted 2 T shirts and one pants with the opposite party for sending the same to his son as a birth day gift. But the opposite party has not yet delivered the same at the given address. Moreover, the enquiries and the complaints were not properly attended by the opposite party. The above act on the part of the opposite party amounted to sheer negligence. Had the opposite party redressed the genuine grievance of the complainant, this complaint could have been avoided. We are of the firm opinion that the complainant is entitled to get compensation for the mental agony and inconveniences suffered. We fix it at Rs. 5,000/-.

7. In the result, we partly allow this complaint and direct as follows :-

1. The opposite party courier company shall either to re-deliver the materials entrusted with them to the complainant or to refund Rs. 4,497/- being the price of the goods together with interest @ 12% p.a. from 08-10-2014 till realisation. The opposite party shall also refund Rs. 210/- courier charges collected to the complainant.

2. The opposite party courier company shall also pay Rs. 5,000/- to the complainant by way of compensation.

The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 26^th day of February 2015.

Forwarded/By Order, Sd/- V.K. Beena Kumari, Member.

Sd/- Sheen Jose, Member.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil