2.12.08

O R D E R

Sri.K.Gopalan, President

This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite party to pay Rs 10,000/- as compensation with a cost of Rs 2.500/-.

The case of the complainant in brief are as follows: The complainant's father had compiled a book by name ' A Man that is called Jesus' with a view to propogate the ideologies and theories of Ahamadiya sect of Islam to which he belonged. Hedecided to plublish the second edition. He sent 250 copies of the book to Qadian Punjab, through Ist opposite party on 15.12.05. The complainant had stated that the books are to reach Ahammadiya Annual Conference taken place in Qadian , Punjab on 26^th, 27^th and 28^th of December 2005. He had also stated that if the books had not reached the consignee before the conference then it would be of no use. Complainant entrusted the parcel of books worth Rs 25,000/- only after the assurance given by first opposite party that the parcel would reach at the destination within a week. The second day the complainant received a call from the Ist opposite party and informed that the weight declared by the complainant was incorrect and that the Cochin Office 2^nd opposite party had retained the consignment pending the payment of correct freight. In order to avoid delay, the complainant assured Ist opposite party to any amount but to forward the consignment immedaitely . Simultaneously, the complainant provided Ist opposite party with the declaration of the number and weight of the consignment which opposite party confirmed to be correct and apologised for their wrong statement. All this had put the complainant in much mental tension. After a week, the complainant made regular enquiries on getting the information that the parcel was not delivered . None of the offices of the oppoiste party in North India could give correct information and gave confusing and contradicting answeres to the queries of the complainant, as to the status of the consignment. While so, on 27.12.2006 evening the parcel reached Qadian, Punjab. It was too late to make any circulation as the conference was to conclude on 28.12.06 morning. The parcel was delivered 12 days after it was despatched. There is a delay of almost a week from the assured date of delivery. The books remain unsold due to such delay. The action of the opposite party mounts deficiency in service. The complainant returned the book worth Rs 25,000/- without sale of a single copy. It was only due to the delay of sending the parcel. The delay has caused much mental agony and loss to the complainant. Many phone calls were made to opposite parties and to the consignee at Punjab. The complainant understand that 10 of the well packed cartons were dumped in a plastic bag with a new consignment note number and handed very carelessly by the staff of opposite party and the carton and its contents were damaged. The complainant waited for six months and after that the complainant had sent another legal notice through the Consumer Education and Research Society, Ahamedbad on 3.7.06 to the Bangalore Branch of opposite party. Bangalore branch requested time to give a proper reply. But thereafter there ws no communication. The complainant assesses his loss as Rs 10,000/- including the charge of the consignment Rs 3565/-.

The first opposite party is the branch office of 2^nd opposite party at Kannur. A notice was sent to the Ist opposite party. Reply was sent by NO.2 on 10.1.06 informing that they would take up the matter seriously. Complainant sent a letter on 29.1.06 claiming Rs 10,000/- as damages. That was not replied. Hence this complaint to direct the opposite party to pay Rs 10,000/-as compensation and to pay Rs 2,500/- as cost.

Notice was issued to all parties. Ist opposite party was represented once but did not turn up thereafter dddnor filed version. Opposite parties however subsequently declared exparte.

The evidence consist of Ext. A1 to A12 marked on the side of the complainant.

The main question to be decided is whether there is any deficiency on the part of opposite parties and the complainant is entitled for the remedy as prayed in the complaint.

The complainant is a retired person . Ist opposite party is the branch office of 2^nd opposite party at Kannur. 2^nd opposite party is the Manger DTDC Courier. Complainant entrusted the parcel of books worth Rs 25000/- to the Ist opposite party for delivery . Ext. A1 proves the consignment details. It shows 10 boxes containing printed books despatched to Qadian. It contain the consignment note NO.005132555, date 15.12.2005 and weight 155 kg.. It also reveals carriage cost rate paid at Rs 23 per kg x 155 kg = Rs 3565. Ext. A2 invoice proves the total price of the book as Rs 25000/-. Ext. A3 is the courier receipt dated 2.1.06, Ext. A3 confirm the total amount Rs 3565. Ext. A4 is the photostat copy of letter issued by the complainant to Ist oppoiste party which contain the information that the consignee has refused to accept the consignment. Ext. A5 is also courier consignment note. Ext. A6 is the letter sent by 2^nd opposite party DTDC Courier Cargo Ltd regretting for the inconvenience caused to complainant stating that the matter had been taken very strongly with the concerned offices. Ext. A7 is the letter issued by the Consumer Education and Research Society on the complaint of abnormal delay in sending the consignment to the consignee resulting in financial loss and reputation Ext. A8 is the reply to Ext. A7 letter. Oppoiste party no.2 sent the letter requesting to provide some more time to investigate the same. Ext. A9 is the reminding letter since there was no progress in the matter on the part of oposite party. Ext. A10 is the second reminding letter since there was no communication from 2^nd opposite party requesting the opposite party to solve the problem without giving room to seek legal assistance under Consumer Protection Act 1986. Ext. A11 is the letter sent to complainnt by Consumer Education and Reserarch Society on receipt of his complaint. Ext. A12 is the detiled notice demanding to pay the loss of the complainant a sum of Rs 10,000/-.

The documentary evidence proves that the complainant had sent 250 copies of book to Qadian Punjab through Ist oposite party. Ist opposite party is the branch of 2^nd opposite party. The purpose of selling the books in the Ahammadiya Annual Coference that had been taken place in Qadian, Punjab on 26^th, 27^th and 28^th December 2005 was spoiled since the consignment delayed a week from the assured day of delivery. It is quite natural that selling of books to the delegates will not be possible in the eve of disposing of a conference. It should ready from the very begining of the conference without which no attention will be fall on those things when they become serious engaged in the business of the conference. Hence it is quite natural that the delay will seriously affect the complainant. This consignment reached only on the evening of 27^th December. Ext. A6 itself speaks that the act of opposite party has made inconvenience to the complainant. Inconvenience herein only means delay that spoiled the very purpose for which the consignment was sent. It can be very well assumed that the complainant had suffered very much mental tension especially because he lost a good opportunity to circulate such a book which was compiled by his father. It is also a matter of desire. The opposite party was negligent from the very outset. 2^nd opposoite party had retained the consignment negligently asking for payment of correct freight, which 2^nd opposite party himself confirmed to be correct and apologised for this wrong statement. It is evident that the oppoiste party handled the consignment carelessly right from beginning and we have no hesitation to hold that there is deficiency in service on the part of the oppoite parties. Taking into consideration the mental injury suffered by the complainant he is entitled for compenation for an amount of Rs 5000/-. Complainant is also entitled for the cost of this proceedings a sum of Rs 1500/-.Hence it is ordered that the opposite parties are liable to pay an amout of Rs 5000/-as compensation and a sum of Rs 1500 as cost of this proceedings.

In the result the complaint is allowed directing the opposite parties to pay a sum of Rs 5000/- (Rs five thousand only) as compensation together with a sum of Rs 1500/-( Rs one thousand five hundred only) as cost of this proceedings to the complainant within one month from the date of receiving this order, failing which the complainant is allowed to execute the order against the opposite parties under the provisons of Consumer Protection Act.

Sd/- Sd/- Sd/-

MEMBER MEMBER PRESIDENT

APPENDIX

Exhibits for the complainant

1.Photo copy of consignment details

A2. Copy of the invoice dt.15.12.05

A3.Receipt issued by OP

A4.Copy of the letter dt.1.1.06 issued by OP

A5,Receipt issued by OP

A6. Letter dt.10.1.06 issued by OP

A7.Copy of the letter dt.3.7.06 sent to OP by Consumer Edtn.& Research Socity.

A8.Copy of the letter dt.15.7.06 sent by OP.

A9.Copy of the letter dt.5.8.06 sent to OP by Consumer Edtn.& Research Socity.

A10.letter dt.14.9.06 sent to OP by Consumer Edtn.& Research Socity.

A11.letter dt.11.3.06 sent to Complainant by Consumer Edtn.& Research Socity.

A12.Letter dt.29.1.06 sent to OP.

Exhibits for the opposite parties: Nil

Witness examined for either side: Nil

/forwarded by order/

Senior Superintendent

Consumer Disputes Redressal Forum, Kannur