BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL
Present: Sri.Y.Reddappa Reddy, M.A., L.L.M., President,
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Wednesday the 17th day of December, 2014
C.C.No.85/2014
Between:
Saran Kumar Reddy,
S/o Late N.Shankar Reddy,
Aged about 38 Years,
Suntek Energy Systems, 22/147,
Opp.Devi Nursing Home,
Yemmiganur Road,
Adoni-518 302. …Complainant
-Vs-
Mr.Sriram,
Proprietor,
Srinivasa Travels,
Shop No.2, Near Old Bus stand,
P.N. Road, Adoni-518 302. …OPPOSITE PARTY
This complaint is coming on this day for orders in the presence of Sri.G.Nagaseshaiah, Advocate for complainant and opposite party called absent and set exparte and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri.Y.Reddappa Reddy, President,)
C.C. No.85/2014
1. This complaint is filed under section 12 of Consumer Protection Act, 1986 praying:-
(a)To pass an order by directing the opposite party to return the undelivered SF Sonic Battery or to return the cost of the Battery Rs.12,000/- with interest at the rate of 24% from the date of undelivery.
(b)To grant a sum of Rs.10,000/ towards the compensation for causing mental agony and hardship.
(c)To grant the costs of the complaint.
(d)To grant such other relief or reliefs as the Honourable Forum deems fit and proper in the circumstances of the case.
2. The facts of the complainant in brief run as follows:- The complainant is owner of the shop by name Suntek Energy Systems established under self employment basis. He is eking out livelihood from the said shop. The opposite party is running goods parcel and travels business in the name and Style of Srinivasa Travels, Adoni, Kurnool District.
On 18-09-2013 the complainant booked a SF Sonic Power Battery worth of Rs.12,000/- with the opposite party for delivering the same to the address of the VN Power Solutions, D.No.3/9/14, Shop No.4, H.M. Complex, Near Police Station, West Marredpally, at Hyderabad. For delivering the said Battery to the consignee, the opposite party has collected Rs.90/- vide a parcel slip bearing No.1239, towards the transport and loading charges. The opposite party is expected to deliver the goods to the correct address of the consignee. But the opposite party did not deliver the said Battery to the address given by the complainant. After several enquiries, the opposite party informed the complainant that they have delivered the consignment to the address of one New Deepa Industries, Feelkhana, at Hyderabad which is a wrong person. The opposite party promised to handover the said Battery to the correct address of the consignee. But they failed to do so. As there was no other alternative the complainant got issued a legal notice to the opposite party through his counsel dated 06-01-2014 by requesting him to deliver the Battery to the correct address of the consignee or to pay the cost of the Battery of Rs.12,000/- within 7 days from the date of receipt of the notice. Though the said notice was served on the opposite party he did not choose either to deliver the Battery to correct address of the consignee or to pay the costs of Battery i.e., Rs.12,000/- to the complainant. He also did not choose to give any reply to the notice. There is carelessness and negligence on the part of opposite party in discharging its responsibility. There is deficiency of service on the part of the opposite party. Hence he prays to pass an order in favour of the complainant and against the opposite party as prayed in the complaint.
3. On service of the notice in this CC, the opposite party did not choose to appear before this Forum and to make any representation either by putting forward his defense or denied allegation to the complainant. As there was no representation on the part of opposite party, inspite of served of notice in this CC, this Forum was forced to order next step by posting the matter for filling of sworn affidavit of the complainant.
4. The complainant filed sworn affidavit in support of his contention and also marked Ex.A1 to Ex.A5. He also filed written arguments by stating he booked a Battery with the opposite party with a request to deliver the same to the address of the VN Power Solutions, D.No.3/9/14, Shop No.4, H.M. Complex, Near Police Station, West Marredpally, at Hyderabad. The opposite party collected Rs.90/- towards transportation and delivering charges. But the opposite party failed to discharge its responsibility in delivering the Battery on the correct address of the consignee. Hence he prays to allow the complaint and to direct the opposite party to return to pay the costs of the Battery i.e., Rs.12,000/-, a sum of Rs.10,000/- towards mental agony caused due to negligence of the opposite party in not delivering the Battery and also to pay costs of the complaint.
5. Now the points that arise for consideration are:
- Whether there is deficiency of service on the part of opposite party in discharging its responsibility?
- If so to what relief, the complainant is entitled?
6. POINT No.i:- In order to establish the facts of the complaint, complainant filed his sworn affidavit and also marked Ex.A1 to Ex.A5. In the sworn affidavit he reiterated all the facts which he mentioned in his complaint. The assertions made by the complainant, in sworn affidavit were not challenged by the opposite party. In addition to the said assertions made by the complainant in his complaint and sworn affidavit he also marked Ex.A1 to Ex.A5. Ex.A1 is the SF Sonic Power House Warranty Booklet this document contains the dispatch of the Battery manufacturing code, Serial Number etc. Ex.A2 is the Parcel Slip issued by the opposite party on 18-09-2013 under S.No.1239. This document shows they have collected Rs.80/- towards transporting charge and Rs.10/- towards loading charges. Ex.A3 is the legal notice got issued by the complainant through his counsel on 06-01-2014 to the opposite party. Ex.A4 is the Postal Acknowledgement under which the opposite party subscribed the signature in token of receipt of the notice. Ex.A5 is the Parcel Chart prepared by the opposite party dated 18-09-2013 relating to vehicle No.3069, in receipt No.1239 they have received one Battery from VN Power Solutions under column No.5 it is mentioned paid against receipt No.1239.
7. The oral evidence of the complainant coupled with documentary evidence produce by the complainant clearly established all the facts which he mentioned in his complaint. When the opposite party received the goods from the complainant and accepted to deliver the same to the correct address of the consignee after receiving a sum of Rs.90/- towards transport and loading charges, they are expected to discharge their duties with utmost care and to the satisfaction of his customer. The matter placed before this Forum discloses the opposite party miserably failed to discharge his responsibility. If they have served the goods on the wrong person, when the said fact was brought to their notice they ought to have been discharged their responsibility by rectifying the defect. Instead of doing so they kept quite. Opposite party did not choose to give reply to the notice got issued by the complainant under original of Ex.A4. He also failed to appear before this Forum and to submit his version though notice served on the opposite party in this CC. Thus there is carelessness and negligence on the part of the opposite party in discharging its responsibility. Hence we hold this point in favour of the complainant and against the opposite party.
8. POINT No.ii:- While answering the point No.1 we have discussed elaborately all the facts placed before us and came to the conclusion and there was negligence on the part of the opposite party in discharging its responsibility.
(a) Hence we direct the opposite party to pay the costs of the Battery i.e., Rs.12,000/- with interest at 9% per annum from the date of issue of notice i.e., 06-01-2014 till the date of deposit and realization which ever is earlier. Because of the negligent attitude and careless behaviour of opposite party, complainant suffered a lot of mental agony and hardship. Hence we direct the opposite party to pay a sum of Rs.2,000/- by way of compensation for the mental agony suffered by the complainant and also to pay a sum of Rs.1,000/- towards costs of this CC.
We direct the opposite party to pay Battery amount as directed above within one month from today failing which complainant is at liberty to execute this order and realize the fruits of the order according to law.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 17th day of December, 2014.
Sd/- Sd/-
LADY MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite party : Nil
List of exhibits marked for the complainant:-
Ex.A1 SF Sonic Warranty Booklet.
Ex.A2 Parcel Slip bearing S.No.1239 dated 18-09-2013.
Ex.A3 Office copy of Legal Notice dated 06-01-2014.
Ex.A4 Postal Receipt and Acknowledgement.
Ex.A5 Photo copy of Parcel Chart bearing No.851 issued by opposite
party dated 18-09-2013.
List of exhibits marked for the opposite party:- Nil
Sd/- Sd/-
LADY MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
Copy was made ready on :
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