BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM RAICHUR.
COMPLAINT NO. (DCFR) CC. 82/2012.
THIS THE 14th DAY OF DECEMBER 2012.
P R E S E N T
1. Sri. Pampapathi B.sc.B.Lib. LLB PRESIDENT.
2. Sri. K.H. Sri Ramappa, B.A.LLB. MEMBER.
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COMPLAINANT :- Samiullah S/o. Mohammed Ghouse, age: 39 years,
Occ: Pvt. Employee, R/o. H.No. 2- Sugureshwara Colony, Beside Reliance tower, opp: KPCL Main Gate, Shaktinagar, Dist: Raichur.
//VERSUS//
OPPOSITE PARTY :- The Manager, Professional Couriers, Service, No.
11-6-78, Brestwarpeth, Opp: Suco Bank, Raichur.
CLAIM : For to pay an amount of Rs. 9,280/- which is the
cost of the sample consigned, compensation amount and other expenses as noted in prayer column of the complaint.
Date of institution :- 01-10-12.
Notice served :- 18-10-12.
Date of disposal :- 14-12-12.
Complainant represented by In Person.
Opposite represented by Sri. A.Srinivas, Advocate.
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This case coming for final disposal before us, the Forum on considering the entire material and evidence placed on record by the parties passed the following.
JUDGEMENT
By Sri. Pampapathi President:-
This is a complaint filed by complainant Samiullah against the Professional Courier Service, under section 12 of Consumer Protection Act for to pay an amount of Rs. 9,280/- which is the cost of the mobile, compensation amount and other expenses as noted in prayer column of the complaint.
2. The brief facts of the complainant’s case are that, he booked one article containing Samsung Model No. S-6102 (Galaxy Y. Duos) through opposite courier for deliver it to one Niranjan Sab, at Maheboob nagar (AP) with detail address. Opposite courier not delivered it to the addressee and not returned it to him, he enquired for non delivering the consignment to the addressee, but opposite courier not responded properly and not returned the article to him. Hence, it committed deficiency in its service.
3. Opposite Courier appeared in this case through advocate, filed its written version by admitting the booking of one article for deliver it to addressee Niranjan sab, at Maheboob Nagar (AP). The article was booked at the risk of customers, it was explained to complainant at the time of booking the article, he agreed for it, therefore it is not responsible for the missing of article at the time of transportation. The complainant stated that the said article is containing medicines worth of Rs. 100/-, as such, it agreed to transport it to the addressee at the risk of party, it was booked under Pro-premium service other than normal courier service. Hence, it denied the allegation of complainant regarding deficiency in its service, and prayed for to dismiss the complaint with cost and interest.
4. In-view of the facts and circumstances stated above. Now the points that arise for our consideration and determination are that:
1. Whether the complainant proves that, he booked one article containing Samsung Mobile hand set Model No. S-6102 (Galaxy. Y. Duos) on 28-08-2012 for to deliver it to the Niranjan Sab at Mahebob Nagar (AP) but opposite courier not delivered it to the addressee nor returned it to him and not shown interest in tracing it, in spite of his repeated requests and thereby opposite professional courier service Raichur and thereby, it found guilty under deficiency in its services.?
2. Whether complainant is entitled for the relief’s as prayed in his complaint.?
3. What order?
5. Our findings on the above points are as under:-
(1) In the affirmative
(2) As discussed in the body of this judgement and as noted in the final order.
(3) In-view of the findings on Point Nos. 1 & 2, we proceed
to pass the final order for the following :
REASONS
POINT NO.1 :-
6. To prove the facts involved in these two points, affidavit-evidence of the complainant was filed, who is noted as PW-1. The documents Ex.P-1 & Ex.P-2 are marked. Written arguments filed. On the other hand, affidavit-evidence of franchise of opposite courier service Raichur was filed, who is noted as RW-1. The documents Ex.R-1 & Ex.R-2 marked. Written arguments filed.
7. It is undisputed fact that, on 28-08-2012 complainant booked one article in the opposite office for to deliver it to one Niranjan Sab at Maheboob Nagar (AP).
8. Now the point for our consideration and determination is whether complainant is right enough in saying that, the said article was containing a mobile hand set worth of Rs. 9,280/- bearing Model No. S-6102 or whether the said article was medicines worth of Rs. 100/- as contended by the opposite courier.
9. On going through the documents Ex.P-1 & Ex.R-1 receipts shows that, opposite has charged Rs. 30/- for to deliver it to the addressee.
10. By going through this document, one can easily say that, complainant might not have sent medicines worth of Rs. 100/- to the person who is residing in AP, by paying Rs. 30/- towards deliver charge. Hence, we are not accepting the submissions made by the learned advocate for opposite and in his written arguments in this regard and we are of the view that, the say of the complainant is genuine and truthful, as he booked an article containing Samsung Model Hand Set No. S-6102 (Galaxy.Y.Duos).
11. The second contention that was taken by opposite courier is that, he booked the article at the risk of complainant. No doubt Ex.R-1 shows that, it was party risk but this kind of contention cannot be accepted as it is against to the interest of its customers, as such, the above two contentions of opposite for non delivering the article to the addressee and the failure in returning it to the complainant if it is not delivered, is deficiency in service. Accordingly we answered Point No-1 in affirmative.
12. As regards to the reliefs are concerned, the price of the said hand set is of Rs. 9,280/- as per receipt at Ex.P-2. The complainant purchased it in the month of July 2012. As such, we are of the view that, the complainant is entitled to recover total cost of Rs. 9,280/- from the opposite courier.
13. Under the head of deficiency in service by opposite is concerned, the complainant is entitled to get an amount of Rs. 3,000/-.
14. The complainant is also entitled to get an amount of Rs. 2,000/- towards cost of litigation. Hence the complainant is entitled to get total amount of Rs. 14,280/-.
15. The complainant is also entitled get interest at the rate of 9% p.a. on the total sum of Rs. 14,280/- from the date of this complaint till realization of the full amount, accordingly we answered Point No-2
POINT NO.3:-
16. In view of our findings on Point Nos-1 & 2, we proceed to pass the following order:
ORDER
The complaint filed by the complainant is partly allowed with cost.
The complainant is entitled to get an amount of Rs. 14,280/- from the opposite courier service.
The complainant is entitled to recover interest at the rate of 9% p.a. on Rs. 14,280/- from the date of complaint till realization of the full amount.
Opposite is hereby granted one month time to make the above payment to the complainant from the date of this judgment.
Intimate the parties accordingly.
(Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 14-12-2012)
Sri. K.H. Sri Ramappa Sri. Pampapathi,
Member. President,
District Consumer Forum Raichur. District Consumer Forum Raichur.
RK*
