Sri.D.Krishnappa,<br /> President<br /> <br /> 1. The Complainant has approached this Forum under section 11 & 12 of the Consumer Protection Act, 1986 with his grievance that he wanted to send Pooja Prasadam to the devotees residing in far off places. That on 03.08.2005 he entrusted Prasadam to the Opposite party which is a courier agency to be delivered to Gurudarshanji Sangha, Indoor. But, the parcel was not delivered to the addressee and he did not receive any response from the Opposite party. The devotees also informed him having not received the Prasadam, he also sent a letter to the Opposite party but no response and stated that amounts to deficiency in service by the Opposite party as a result he suffered loss of reputation, trust of devotees and therefore has prayed for Rs.5,000/- towards compensation, Rs.5,000/- towards mental agony, Rs.1,000/- towards expenses and Rs.125/- towards refund of courier charges with cost. <br /> <br /> 2. The Opposite party who was served with the notice of this complaint appear through it’s advocate on 28.02.2007, but later on not shown any interest in defending the complaint. <br /> <br /> 3. The complainant during the course of enquiry filed his affidavit evidence reiterating the allegations of the Complaint and has also produced the receipt for having sent Prasadam through the Opposite party on 03.08.2005, copy of the letter he had addressed to the Opposite party and postal receipts.<br /> <br /> 4. On perusal of the affidavit evidence, the receipt of the Opposite party issued having received Rs.125/- from the Complainant for transmission of Prasadam entrusted under it. The letter stated to have been addressed by the complainant to the Opposite party regarding non-delivery of the consignment also discloses the grievance of the complaint. It is found that the Opposite party despite receipt of the letter, has not responded to the call of the Complainant. Therefore, it is manifest from the materials placed before this Forum that the Opposite party who is a Courier agency took payment for transmission of Prasadam, but has not only failed to deliver to the consignee, also failed to respond to the call of the Complainant or returned the consignment which undoubtedly has resulted in deficiency in service and therefore necessary by caused loss of reputation of the Complainant and affected trust that his devotees had on him. Therefore, the same is liable to be compensated. Further, the conduct of the Opposite party in not responding in any way to the call of the Complainant also amounts to deficiency in the service of practice and that Opposite party which is of a very serious concern. With the result, the Complaint deserves to be allowed and thus we pass the following order:- <br /> <br /> ORDER<br /> <br /> <br /> 1. The Complaint is allowed.<br /> <br /> 2. The Opposite party is directed to refund Rs.125/- being the transmission charge received from Complainant.<br /> <br /> 3. The Opposite party is also directed to pay a sum of Rs.3,000/- to the Complainant towards loss of his reputation and trust his devotees had in him. <br /> <br /> 4. The Opposite party is also directed to deposit a sum of Rs.3,000/- to the Consumer Welfare Fund maintained by this Forum, besides paying cost of Rs.500/- to the complainant.<br /> <br /> <br /> <br /> 5. The Opposite party is further directed to pay all these money within two months from the date of receipt of this order, failing which the total sum shall carry interest at 12% p.a. from the date of the order till the date of payment.<br /> <br /> 6. Give a copy of this order to each party according to Rules.<br />