By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. It is the say of the complainant that along with his son Riyaz Ahamed, other four children had applied on 17-11-07 to appear for the Manorama Digest Scholarship examination. There was an omission to send the school letter along with the application form. Therefore the letter was send through opposite party on 23-11-07. On 25th and 26th complainant made enquiries through telephone to the Manorama office at Kottayam. He was informed that no such letter had been received in their office. Hence this complaint alleging deficiency in service against opposite party and claiming compensation of Rs.20,000/- along with costs.<br /> 2. Opposite party filed version admitting that a consignment was sent by complainant through opposite party on 23-11-07. That the said cover was delivered to the addressee, M.M. Publications, Kottayam on 24-11-07 itself. There has been no deficiency in service and complaint is to be dismissed.<br /> 3. Evidence consists of affidavit filed by complainant and Exts.A1 to A5 marked on the side of complainant. On the side of opposite party the delivery boy of the courier office at Kottayam has filed affidavit. Ext.B1 marked on the side of opposite party.<br /> 4. Complainant is aggrieved that his son along with some others could not appear for the Manorama Digest Scholarship examination due tot he non-delivery of the letter send on 23-11-07 through opposite party. The complaint is resisted by opposite party contending that the consignment was delivered to the addressee on 24-11-07 itself along with other letters. Ext.A1 is the receipt issued to complainant by opposite party. In Ext.A1 the consignment number is 751233 and dated, 23-11-07. Opposite party relies upon Ext.B1 which is the delivery statement issued by the addressee, M. M. Publications, Kottayam to opposite party. In Ext.B1 item number 11 is the consignment No.751233 which has been taken delivery by M.M.Publications, Kottayam on 24-11-07. Ext.B1 bears the seal of the addressee. Ext.B1 proves that the consignment was delivered the next day itself. Complainant has failed to establish a case in his favour. We do not find any deficiency in service on the part of opposite party.<br /> 5. In the result, complaint dismissed. We make no order as to costs.<br /> Dated this 11th day of July, 2008.<br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A5<br /> Ext.A1 : Photo copy of the receipt dated, 23-11-07 from opposite<br /> party to complainant.<br /> Ext.A2 : Letter dated, 22-11-07 send by complainant to opposite party.<br /> Ext.A3 : Photo copy of the list of phone call.<br /> Ext.A4 : Request by complainant's students to this forum.<br /> Ext.A5 : Photo copy of the registered letter dated, 09-5-08 send by complainant <br /> to Manager, Balarama Digest Scholarship Wing, M.M.Publications, Kottayam.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1<br /> Ext.B1 : Photo copy of the delivery statement of Professional Courier,<br /> Kottayam dated, 24-11-07.<br /> <br /> <br /> <br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER