KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU, THIRUVANANTHPAURAM APPEAL No/1186/2000 JUDGMENT DATED 16.4.08 Appeal filed against the order passed by CDRF,Ernakulam in OP.761/1999 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER SRI.M.K.ABDULLA SONA : MEMBER 1. The Department of Posts, Union of India, represented by The Post Master General, G.O.Towers, Ernakulam South, : APPELLANTS Ernakulam. 2. The Manager, Speed Post Centre, Hospital Road, Kochi -11. (By Adv.S.Krishnamoorthy) Vs. M/s Deep Vision Technologies, : RESPONDENT 41/2044, North Town Hall, Ernakulam, represented by its Managing Partner,C.A.Joy. (By Adv Paul Mathew) JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellants are the opposite parties/authoritative of the postal department who have sought for setting aside the order of the Forum in OP 761/1999 in the file of CDRF, Ernakulam as per which the appellants are under orders to pay a compensation of Rs.77500/- with interest at 12% per annum from 21.5.99 till payment and costs of Rs.500/-. 2. The case is that two demand drafts, altogether for an amount of Rs.77500/- sent by the complainant to the Company in Delhi by speed post on 30.12.98 was not delivered. It is alleged that on account of the above lapse the complainant lost distributorship of a company in New Delhi. 3. It is alleged that on account of losing the distributorship complainant is incurring a loss of more than Rs.25000/- per month for two years amounting Rs.4,00,000/-. He has sought for compensation of Rs.4,77,500/- with interest at 12%. 4. On the other hand, the opposite parties/appellants have admitted that the speed post article did not reach the destination. It is suspected that the same has been lost in transist. As per speed post rules the sender is entitled to get compensation of double the speed post charges or Rs.1000/- which ever is less. 5. The evidence adduced consisted of Exts.A1 to A9 and B1 to B4. 6. It is submitted by the counsel for the appellant that according to his information and also as no EP has been filed so far the amount of the DD has been realised by the complainant. As per the order of the Forum dated 5.5.2000 it is directed that the opposite parties/appellants shall pay the DD amount ie Rs.77500/- with interest as compensation. In the circumstance the direction to pay the entire DD amount as compensation is not called for. Further there is no evidence adduced before the Forum specifically with respect to the loss sustained by the complainant apart from the amount covered by the DDs. In the circumstance we find that a reasonable amount as compensation for the difficulties that the complainant had to suffer would be sufficient. Hence the order of the Forum is modified and amount to be paid is reduced to Rs.10000/-. The appellant shall pay the above amount within three months from today failing which the same would carry interest at 12% from this date. Appeal is disposed of accordingly. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER SRI.M.K.ABDULLA SONA : MEMBER ps |