O R D E R

Smt. ShajithaBeevi.N (Member I):

                        The complainant has filed this petition u/s.35 of the C.P. Act 2019 for getting a relief from the opposite parties.

                    2. The complainant’s case is as follows: - The complainant is working as a Teacher in KendriyaVidyalayaAdoor. And she is a permanent resident of Delhi. For shifting her household materials from Delhi to Kerala she and her husband engaged 1^st opposite party in the month of march 2020. The 1^stopposite party made believe the complainant’s husband that they have branches all over India and they informed that the total expenses after the transportation of the articles will fetch Rs.45000/-including packing, loading, unloading unpacking ,and 12% of GST and 3% of  Insurance etc. The 1^st opposite party made believe that the complaint’s husband shall pay 80% of total amount as advance and rest of 20% shall be paid after delivery of goods. They offered that the delivery will take place within maximum 15 days from 2/3/2020. And 01^st opposite party further offered that for the purpose of unloading the employees from their Kerala branch would come to the delivery place. But the 1^st opposite party failed to deliver the goods within the stipulated time. Before the delivery the balance amount of Rs.9000/- also paid to the 1^st opposite party by the husband of the complainant on 13/3/2020 due to the illegal pressure excreted by the 1^st opposite party. On 15/3/2020 the above consignment reached Kochi in the godown of 2^nd opposite party but they did not release the consignment. The complainant made several enquiries about non delivery of the article on 20/3/2020 she got knowledge that due to nonpayment of the charges the 2^nd opposite party with holding the delivery of consignment. And lastly on 20/4/2020 at 5 p.m. the complainant received the consignment, but instead of 65 parcels, she received only 48 parcels. One out of this parcel was not of the complainant. When she opened the parcel she found that most of things were damaged and a number of things were missing. According to her the damaged articles are Almarah beds music system full cooking gas cylinder new bed sheets cooler fridge stand etc.

                        3. Then she made several complaints with regards to the damages and missing of articles with the opposite parties but they did not responds. Aggrieved by the deficiency in service of the opposite parties and seeking damages from them, the complainant filedthis complaint before this commission.

                        4. Originally the complainant filed the above complaint against 3 opposite party. Notices were issued to all opposite parties. The opposite parties have not turned up before the commission. In the meanwhile the complainant filed an interim petition seeking permission to remove the 3^rd opposite party from the party area and it was also allowed. Due to the non-appearance of the 1^st and 2^nd ops they were set ex-parte on 13/01/2021.

                        5. The complainant has filed proof affidavit in support of her claim and produced documents in evidence and that were marked as Exhibit A1 to A12. Ext. A1 is the invoice bill.  Ext. A2 is the Insurance policy.  Ext. A3 is the two slips of received items from SPOTON courier services.  Ext. A4 is the images of damaged items.  Ext. A5 is the mails sent to Gati Domestic Packers.  Ext. A6 is the mails received from Bhartiaxa Insurance Company.  Ext. A7 is the Images of letter posted with received slips and tracking page.  Ext. A8 visiting cards.Ext. A9 registration certificate of this company.  Ext. A10.  Aadhaar cards and PAN Cards.Ext. A11 is the copy of the complaint filed before the Adoor Police Station.  Ext. A12 is the receipts issued from the Adoor Police Station. We verified the documents in detailed. It is to be noted that the complainant did not claim any particular amount as damage in the prayer portion of the complaint. But perusing the complaint it can be seen that she sought compensation for the approximate monitory loss of 2 lakh 55 thousand. But in the complaint and proofaffidavit she did not explained how she was calculated the damages allegedly she were sustained.

                        6. Considering the contention and verification of the documents in evidence produced by the complainant, this commission raised the following issues for consideration.

1. Whether there is any negligence or deficiency in service on the part of the opposite parties.
2. Whether the complaint is to be allowed, if it is allowable what is the compensation entitled to the complaint.
3. Cost and compensation?

7. Issue no: 1 to 3:- The opposite parties did not appear before the commission even after they received the notice and they did not file any version. The complainant filed proof affidavit to substantiate her case and produced Exhibit A1 to A12 in evidence. Her case is remained unchallenged.The detail perusal of the proof affidavit and evidence we finds that there was gross negligence and deficiency in service and irresponsible way of dealing the matter on the part of ops. Hence point number 1 is found in favour of the complainant and against the opposite parties. Hence in the light of decision taken by us on issue No:1 we finds that issue No:2 is also can be decided in favourof the complainant. But we made clear supra, the complainant did not explain how she calculated actual monitory loss of Rs. 250000/- allegedly sustained by her due to the act of the opposite parties. Hence we are of opinion that Rs.1 lakh would sufficient to compensate her damages due to the negligence and deficiency in service on the part of the opposite parties.

8. In the result, for the gross negligence and deficiency in service dereliction of duty committed by the opposite parties, the ops are directed to pay a sum of Rs.1,00,000/- (Rupees One Lakhs only) as compensation to the complainant. Rs.10,000/-(Ten Thousand only) is also allowed, as cost of this proceedings. We hereby direct the opposite parties to pay said amount within one month from the date of receipt of this order, failing which the complainant is free to proceed against by resort R.R.proceedings or any other proper steps.

            Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 01^stday of February,2021.

                                                                                                                      (Sd/-)

                          Smt. ShajithaBeevi. N

                                                                                                               (Member I)   

Sri. George Baby (President):  (Sd/-)

Sri.NishadThankappan (Member II) :(Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1:Payal

Exhibits marked on the side of the complainant:

A1:invoice bill. 

A2: Insurance policy.

A3: two slips of received items from SPOTON courier services.

A4: the images of damaged items.

A5: the mails sent to Gati Domestic Packers.

A6: the mails received from Bhartiaxa Insurance Company.

A7: the Images of letter posted with received slips and tracking page.

A8: visiting cards.

A9: Registration certificate of this company.

A10: Aadhaar cards and PAN Cards.

A11:copy of the complaint filed before the Adoor Police Station. 

A12: the receipts issued from the Adoor Police Station

Witness examined on the side of the opposite parties: Nil.

Exhibits marked on the side of the opposite parties: Nil.

Copy to:- (1) Payal,

Manjusha,Chennompalli Junction,

Adoor, Pathanamthitta – 691523

(2) Dibagh Singh,

Nayagal Bari, Churu,Rajasthan – 331023.

(3) Spot On Logistics Pvt. Ltd,

HO-23/24, Infanty Road,Bangalore – 560001.

(4) The Stock File.