1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K.ANIRUDHAN (MEMBER) Smt. S. Rejimol has filed this complaint before the forum alleging deficiency in service on the part of the opposite party-Manager, Nellayi Couriers, Alappuzha. The contentions of the complainant is that, she has entrusted with a cover on 09-01-2008 to the opposite party containing a cheque for a sum of Rs. 6,575/- payable to the LIC Housing finance Kottayam for handing over the same to the said party without delay. The opposite party is the branch of M/s. On Dott Courier and Cargo Limited, which is engaged in the service of courier? The cheque was for the remittance of amount for the month of January, and the complainant was regularly sending the cheque without default. But on enquiry, the complainant learnt that the said LIC office has not received the cover. The complainant immediately contacted the opposite party and informed the matter. But she has not obtained a positive reply from the opposite party. After several enquiry, the complainant learnt that the LIC Kottayam office has received the cover only on 07-02-2008 and it was after one month. Due to this delay of one month, the complainant has paid excess interest and penal interest for the said instalments of the Housing Loan. For the negligence of the opposite party and for mental agony, loss and inconvenience of the complainant, she has filed this complaint. 2. Notices were issued to the opposite party. But it was returned with the endorsement Refused from the postal authorities. Considering the contentions of the complainant, this Forum has raised the following issues:- 1) Whether there is any deficiency in service on the part of the opposite party? 2) Compensation and costs. 3. On the side of the complainant, she has filed the proof affidavit along with documents-Exts. A1 series and A2 in evidences-marked. Ext. A1 is the receipt dated 09-01-2008 issued by the opposite party in favour of the complainant. It was issued at the time of accepting the cover. The receipt shows that it was addressed to M/s. Area Manager, LIC Housing Finances, Kottayam. The receipt issued by the opposite party after accepting Rs. 11/- for sending the cover to the said office. Ext. A1 series is the card of the said LIC office issued to the complainant stating details of instalment from 2/2008 to 3/2008 for Rs. 6,769/-. Ext. A1 another receipt issued to the complainant by the LIC shows the remittance of Rs. 7,093/- from 4/2008 to 5/2008. Ext. A2 is the details of the statement of accounts issued by the LIC Kottayam regarding the payments of the applicant. These receipts shows that the complainant has remitted additional amounts to the LIC Housing Finance for the delay period. In this matter, it is to be noticed that the opposite party has taken one month time for sending the cover to the office of the LIC, Housing Finance, Kottayam, and that was after the repeated request and enquiry of the complainant at the office of the opposite party. After collecting the fee for sending the article from the complainant, the opposite party has not taken any earnest and responsible steps to forward the cover to the said office of the LIC in time. This is a gross negligence on the part of the opposite party and they will have to compensate for this inordinate delay and negligence. So the contentions of the complainant are genuine and we are of the view that the complaint is to be allowed. 4. In the result, we hereby direct the opposite party to pay compensation of Rs. 10,000/- (Rupees Ten Thousand only) to the complainant for her mental agony, inconvenience and loss and gross negligence on the part of the opposite party and a cost of Rs. 2,000/- (Rupees Two Thousand only) for this proceedings. We further direct the opposite party to pay the above said amounts to the complainant within one month from the date of receipt of this order. Complaint allowed. Pronounced in Open Forum on this the 30th day of July, 2008. Sd/- Sri. K. Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N. Shajitha Beevi APPENDIX Evidence of the Complainant:- Ext. A1 09-01-2008 Original Receipt Ext. A1 (Series) 06-03-2008 Printed post card -do- 08-05-2008 -do- Ext. A2 Photocopy of Bank account statement Evidence of the Opposite party:- NIL // True Copy // By Order Senior Superintendent To Complainant/Opposite party/SF Typed by: Sh/- Compd by:
