Tamil Nadu

South Chennai

CC/214/2013

Shobhit Shah - Complainant(s)

Versus

Mr. Suresh - Opp.Party(s)

Party in Person

06 Dec 2018

ORDER

                                                                        Date of Filing  : 03.07.2013

                                                                          Date of Order : 06.12.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP., : MEMBER-II

 

C.C. No.214/2013

DATED THIS THURSDAY THE 06^TH DAY OF DECEMBER 2018

                                 

Shobhit Shah,

S/o. Mr. S. S. Shah,

M/s. Shree Agencies,

Electronic Complex,

No.19, Narsingapuram Street,

1^st Floor, Mount Road,

Chennai – 600 002.                                                      .. Complainant.                                                          ..Versus..

 

1. Mr. Suresh,

Franchisee Manager,

Franch Express Netwrok Pudupet Franchisee,

Old No.28, New No.32, Wallers Road,

Mount road,

Chennai – 600 002.

 

2. Mr. Mubarak,

General Manager,

Franch Express Network (Admin Office),

No.16, Big Street,

Kilpauk Garden,

Chennai – 600 010.                                                 ..  Opposite parties.

          

For complainant                              :  Party in person

Counsel for opposite parties 1 & 2 :  M/s. M. Jaikumar

 

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay the cost of the item sent in parcel for a sum of Rs.8,500/- with interest at the rate of 24% p.a. from 24.12.2012 to till the date of realization and to pay a sum of Rs.30,000/- towards punitive compensation for mental agony, inconvenience and hardship with cost of Rs.2,500/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he has booked a parcel weighing 3 kg containing Wii Video game worth Rs.8,500/- through Franch Express Network dated:24.12.2012 to be delivered to M/s. Preetha Chandrasekar of Sithalapakkam, Chennai.   The complainant submits that the opposite parties has not delivered the parcel to the addressee M/s. Preetha Chandrasekar.   Even after repeated requests and demands, the opposite parties has not taken positive steps to deliver the parcel.  The complainant submits that the opposite parties told that they will pay the cost of the article lost.  Thereafter, the opposite parties scolded the complainant and refused to pay any amount or delivery of the parcel.   The complainant submits that he sent a letter dated:04.01.2013 to the opposite parties but the opposite parties has neither replied nor come forward to settle the demands of the complainant.   The act of the opposite parties caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties is as follows:

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.   The opposite parties state that it is alleged in the complaint that the complainant  booked the consignment on 24.12.2012 containing video game worth Rs.8,500/- to be delivered at Sithalapakkam and the said consignment was not delivered to the destination.   The opposite parties state that they have extended great respect towards the customers and used to discharge their duties to the fullest satisfaction of the customers.   The opposite parties state that ordinarily the consignment used to reach the consignee within 24 hours subject to certain conditions.   The opposite parties state that if the door is locked or the address is wrong the delivery shall not be done.  There is no possibility of redelivery.   The opposite parties state that the allegation of verbal abuse by the opposite parties is imaginary.  The compensation claimed is exorbitant and imaginary.   There is no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.

3.    To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A3 are marked.  Proof affidavit of the opposite parties is filed and no document is filed and marked on the side of the opposite parties. 

4.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.8,500/- being the cost of the item in parcel with interest as prayed for?

2. Whether the complainant is entitled to a sum of Rs.30,000/- towards compensation for mental agony with cost of Rs.2,500/- as prayed for?

5.      On point:-

The complainant filed his written arguments.  Both parties has not tuned up to advance any oral arguments. Perused the records namely the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he has booked a parcel weighing 3 kg containing Wii Video game worth Rs.8,500/- through Franch Express Network dated:24.12.2012 to be delivered to M/s.Preetha Chandrasekar of Sithalapakkam, Chennai as per Ex.A1.   Ex.A2 is the cash bill for the article Wii Video game.   Further the contention of the complainant is that the opposite parties has not delivered the parcel to the addressee  M/s. Preetha Chandrasekar.   Even after repeated requests and demands as per Ex.A3 the opposite parties has not taken positive steps to deliver the parcel.    Further the complainant contended that the opposite parties told that they will pay the cost of the article lost.  Thereafter, the opposite parties scolded the complainant and refused to pay any amount or delivery of the parcel.   The complainant is claiming to refund the cost price of the lost item with a compensation of Rs.30,000 and cost of Rs.2,500/-.

6.     The contention of the opposite parties is that admittedly, the complainant booked the consignment on 24.12.2012 containing video game worth Rs.8,500/- to be delivered at Sithalapakkam.  The said consignment was not delivered to the addressee.   Further the contention of the opposite parties is that they have extended great respect towards the customers and used to discharge their duties to the fullest satisfaction of the customers. But it is seen from the records, that the opposite parties has not delivered the parcel booked as per Ex.A4.   Further the contention of the opposite parties is that ordinarily the consignment used to reach the destination within 24 hours subject to certain conditions.  But in this case, the parcel found to be missing and the reason for such missing is not known.  Further the contention of the opposite parties is that if the door is locked or the address is wrong in such case the delivery shall not be done.   There is no possibility of redelivery.   Further the contention of the opposite parties is that the allegation of verbal abuse by the opposite parties are imaginary.  The compensation claimed is exorbitant and imaginary.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties shall pay a sum of Rs.8,500/- towards the value of Wii Video game along with interest at the rate of  9% p.a.  from the date of filing of this complaint to till the date of this order and a compensation of Rs.10,000/- with cost of Rs.2,500/-.

  In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.8,500/- (Rupees Eight thousand and five hundred only) being the value of Wii video game along with interest at the rate of 9% p.a. from the date of filing of this complaint (i.e.) 03.07.2013 to till the date of this order (i.e.) 06.12.2018 and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation of damages for mental agony with cost of Rs.2,500/- (Rupees Two thousand five hundred only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 06^th day of December 2018. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

 

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	24.12.2012	Copy of Franch Express Network Airway Bill No.1001194216
Ex.A2	20.12.2012	Copy of Item purchase Bill No.13298 from Vinaya Traders for Rs.8,500/-
Ex.A3	04.01.2013	Copy of letter to Franch Express Network Courier from Shree Agencies

 

OPPOSITE  PARTIES 1 & 2 SIDE DOCUMENTS:-  NIL

 

 

MEMBER-I                           MEMBER-II                     PRESIDENT