Kerala

Alappuzha

CC/08/227

Gopinadhan - Complainant(s)

Versus

Manager, Professional Couriers - Opp.Party(s)

30 Jul 2010

ORDER


Consumer Disputes Redressal ForumNear Pazhaveedu Village Office,Pazhaveedu P.O ,Alappuzha 688009
Complaint Case No. CC/08/227
1. GopinadhanPulimoottil Veedu, Perungala P.O., Kayamkulam ...........Appellant(s)

Versus.
1. Manager, Professional CouriersApsara Jewellery Building, Market Road, Kayamkualam ...........Respondent(s)



BEFORE:
HONORABLE JIMMY KORAH ,PRESIDENTHONORABLE K.Anirudhan ,Member
PRESENT :

Dated : 30 Jul 2010
JUDGEMENT

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ORDER
SRI. K. ANIRUDHAN (MEMBER)
 
         

            Remand matter as per the orders of the Hon’ble CDRC dtd. 05.11.09.
Sri. Gopinathan, the senior citizen has filed this complaint before the forum, on 04.10.2008
alleging deficiency in service on the side of the opposite party. The contentions of the complainant are as follows:- on 1.8.08 he had contacted the office of the opposite party and entrusted them to send a bundle of invitation cards of the wedding of his sister’s daughter Salini Sasi. The address of the bundle was Smt. Santhamma Sasi, QTR4; TypeII DM Colony, Banda, Uttar Pradesh. The cards were issued to the relatives of him at U.P. At that time, the opposite party after accepting the bundle directed him to remit the courier charge of Rs.420/-. He had remitted the said amount and opposite party issued receipt for the said amount. But the bundle had not reached the addressee in time. So many of his relatives and friends from Uttar Pradesh could not attend the marriage function conducted on 6.9.08. Due to the absence of the friends and relatives in the said marriage he has sustained considerable loss by way of gifts and other economic benefits. He contacted the opposite parties and informed the matter of non delivery of the bundle containing the invitation cards by the addressee. But the opposite party had acted in a most irresponsible way and he had not obtained any relief form the opposite party. Hence this complaint seeking compensation and costs.
 
            2. Notice was issued to the opposite party as per the orders of Hon’ble CDRC vide dtd. 05.11.09, and permitted the opposite party to file version and permit both parties to adduce evidence in support of their contention as per the direction of the Hon’ble CDRC. Complainant has not filed any additional evidence. Opposite party submitted that they have no oral evidence and opposite party cross examined the complainant and argued the matter.
            3. Considering the contentions of the parties, this forum has raised the following issues:-
 
                    1. Whether there is any deficiency in service on the side of the opposite party ?
 
2.      Whether the complainant is entitled to get compensation and costs form the opposite
       party?
 
 
3.                  Issue Nos.1 and 2:- Complainant has filed proof affidavit in support of his claim and produced documents in evidence – Ext. A1 to A3 marked – Ext. A1 is the cash bill No.1847 dated 28.7.08 for a sum of Rs.6750/- issued to the complainant by way of printing charges of marriage invitation cards and cover, which was printed by the firm M/s.Akash Printers, Mavelikara. Ext.A2 is the original receipt No.3420913 dated.1.8.08 for a sum of Rs.420/- received from the complainant. The receipt shows the full address of the destination; and the amount of Rs.420/- was the total charges for the bundle having 7 kg. Ext.A3 is the original (Wedding Card), of the said marriage to be conducted on 6.9.08. Opposite party has not produced any documents in evidence.
4.                  On a careful readings of the entire matter of this case and after a detailed perusal of the documents given in evidence, it can be seen that the opposite party has accepted the bundle from the complainant, for sending the same to the address noted in the bundle. Ext.A2 document clearly shows the correct address of the addressee. After accepting the fee of Rs.420/- towards the charges of sending the bundle to the addressee, the opposite party has not taken any earnest steps to get the article in the address noted in the bundle in time. The addressee had not obtained the article in time. It is to be noted that the complainant had send the invitation cards to the addressee for distributing the same among his friends and relatives in U.P state. But, since the bundle has not reached the destination invitation of the said marriage has not been materialized. On enquiry with the opposite party the complainant has not obtained a genuine reason from the opposite party. It shows the irresponsible attitude of the opposite party in dealing a matter. As alleged by the complainant due to the absence of invitation, the complainant had obtained loss, inconvenience and mental agony. For this the opposite party is to be compensated for the complainant. After taking the seriousness of this matter, it can be noted that the action on part of the opposite party amounts to culpable negligence and dereliction of duty. Their action is illegal, unauthorized and arbitrary. The entire actions of the opposite party shows the irresponsible way of dealing a matter since they are fully, comes within the purview of a public utility service. On this matter the complainant has sustained a huge loss and mental agony.   So the contentions raised by the complainant are highly genuine and for that, the complaint is to be allowed. The issues are found in favour of the complainant. Considering the genuineness of this matter, the complainant is fully entitled to get compensation and costs from the opposite party as prayed for.
In the result, we hereby direct the opposite party to pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) to the complainant for his loss of economic benefit in connection with the said marriage and a sum of Rs.25,000/- (Rupees Twenty five thousand only) for the mental agony, physical strain, inconvenience, loss sustained by the complainant due to the dereliction of duty, culpable negligence, grossest deficiency in service and unfair trade practice of the opposite party; together with a sum of Rs.2,000/- (Rupees Two thousand only) for this proceedings. We further direct the opposite party to pay the said amount to the complainant within 20 days from the date of receipt of this order.
Complaint allowed.
Pronounced in Open Forum, on this the 30th day of July 2010
                       
Sd/- Sri. K.Anirudhan
Sd/- Sri. Jimmy Korah
                                                                                                Sd/- Smt. N. Shajitha Beevi
 
Appendix:-
Evidence of the complainant:-
 
Ext.A1             -           Cash bill No.1847 dated 28.7.08
Ext.A2             -           Receipt No.3420913 dated 1.8.08
Ext.A3             -           Wedding Card
 
Evidence of the opposite party:- Nil
 
 
// True Copy //
                                                                       By Order
 
  
                                                                                  Senior Superintendent
 
To
            Complainant/Opposite Party/S.F.
 
Typed by:- vo/-       
   Compared by:-   
 
 
 
 
 

 
 

[HONORABLE K.Anirudhan] Member[HONORABLE JIMMY KORAH] PRESIDENT