Tamil Nadu

South Chennai

927/2009

R.Saravanan - Complainant(s)

Versus

m/S.K.P.N. Speed Parcel Services Ltd.,Manager & another - Opp.Party(s)

K.Rajeshwaran

27 Jun 2018

ORDER

                                                                        Date of Filing  : 21.10.2009

                                                                          Date of Order : 27.06.2018

 

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

 

C.C. No.927 /2009

DATED THIS WEDNESDAY THE 27^TH DAY OF JUNE 2018

                                 

R. Saravanan,

S/o. Mr. Rathinam,

No.7/2, Pillayar Koil Street,

Kanagam,

Tharamani,

Chennai – 600 113.                                                       .. Complainant.                                                     

 

    ..Versus..

 

1. M/s. K.P.N. Speed Parcel Services Ltd.,

Rep. by its Manager,

Shanthi Nagar Bus Stand, Back Side,

Wilson Garden,

Double Road,

Bangalore.

 

2.  M/s. K.P.N. Speed Parcel Services Ltd.,

Rep. by its Manager,

Venkatanarayana Road,

T. Nagar,

Chennai – 600 017.                                                ..  Opposite parties.

          

Counsel for complainant         :  M/s. K. Rajeshwaran & another

Counsel for Opposite parties  :  Ms. R. Dhanalakshmi

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 a sum of Rs.1,00,000/- towards loss of consignment and to pay a sum of Rs.1,00,000/- towards compensation for mental agony and deficiency in service with cost of the complaint.

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

The complainant submits that he approached the 1^st opposite party’s office at Bangalore to shift his computer, books and Research Documents on 26.10.2007 by mentioning his name as consignee to the 2^nd opposite party at Chennai.  On 28.10.2007, the complainant approached the 2^nd opposite party in person and enquired about the parcel.  On 25.11.2007, the complainant issued notice through “Nugarvore Urimai Padukappu Kazhagam” at Paramakudi.  The complainant also sent representations through Email to the opposite parties.  The opposite parties turned deaf ears without any reply.  Hence the complainant issued legal notice dated:06.02.2009 claiming compensation of Rs.1,00,000/- towards the value of goods.  On 04.03.2009, the opposite parties sent a reply with untenable contention for which, the complainant issued a rejoinder dated: 25.05.2009.   Since the opposite parties has not come forward to settle the amount, 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 the allegation of booking of consignment by the complainant is denied.   Further the opposite parties state that, the complainant has not received any parcel.    The opposite parties in their reply requested the particulars about L.R. or the original copy of the L.R. and other records furnished by the complainant.  But the complainant never sent the originals.   It is submitted by these opposite parties that the complainant sent the legal notice and only after 04.03.2009 that is after nearly 2 years they asked for the consignments.  Further the opposite parties state that, the compensation of Rs.1,00,000/- claimed by the complainant is imaginary.   Therefore there is no deficiency in service on the part of the opposite parties.  Hence the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A10 are marked.  Proof affidavit of the opposite parties filed and no documents 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.1,00,000/- towards compensation for loss of consignment as prayed for?
2. Whether the complainant is entitled to a sum Rs.1,00,000/- towards compensation for mental agony and deficiency in service with cost as prayed for?

5.     On point:-

Both parties filed their respective written arguments.  Heard the opposite parties’ Counsel also.  Perused the records namely the complaint, written version, proof affidavits, documents etc.   The contention of the complainant is that he approached the 1^st opposite party’s office at Bangalore to shift his computer, books and Research Documents on 26.10.2007 by mentioning his name as consignee to the 2^nd opposite party at Chennai.  Ex.A1 is the L.R. receipt.  On 28.10.2007, the complainant approached the 2^nd opposite party in person and enquired about the parcel.  But the opposite parties has not stated anything regarding the parcel.  Hence on 25.11.2007, the complainant issued notice through “Nugarvore Urimai Padukappu Kazhagam” as per Ex.A2.   The complainant also sent representations through Email to the opposite parties as per Ex.A5 & Ex.A6.  The opposite party turned deaf ears without any reply.  Hence the complainant issued Ex.A6 legal notice dated:06.02.2009 claiming compensation of Rs.1,00,000/- towards the value of goods.  On 04.03.2009, the opposite parties sent a reply with untenable contention for which, the complainant issued a rejoinder dated: 25.05.2009.   Since the opposite parties has not come forward to settle the amount, the complainant was compelled to file this case claiming a sum of Rs.1,00,000/- towards loss of consignment and Rs.1,00,000/- towards compensation for mental agony.

6.     The contention of the opposite parties is that the allegation of booking of consignment by the complainant is denied. The Ex.A1, L.R. copy is not clear enough to show the booking of consignment; is not acceptable because Ex.A1 shows the details of the opposite party with L.R. No.BLR021028614 of goods. Dated:26.10.2007.   Further the contention of the opposite parties is that as per Ex.A2 & Ex.A6, the complainant has not received any parcel.    The opposite parties in their reply Ex.A8 requested the particulars of L.R. or the original copy of the L.R. and other records duly furnished by the complainant for which, the complainant has not sent any reply or has not complied the request of the details of the consignment.  Further the contention of the opposite parties is that, the compensation of Rs.1,00,000/- claimed by the complainant is imaginary.  The complainant has not pleaded and proved the contents in the consignment and its value.  But the complainant pleaded very clearly that he has consigned computer, Research Document papers etc proves deficiency in service. Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties shall trace out the consignment and hand it over to the complainant within one month, failing which, the opposite parties shall pay a sum of Rs.35,000/- towards the cost of the consignment and a sum of Rs.15,000/- towards mental agony and cost of Rs.5,000/- to the complainant.

  In the result, this complaint is allowed in part.  The opposite parties 1 & 2 are jointly and severally liable to trace out the consignment and hand it over to the complainant within one month from the date of receipt of this order, failing which, to pay a sum of Rs.35,000/-(Rupees Thirty five thousand only) towards the cost of the consignment and to pay a sum of Rs.15,000/- (Rupees fifteen thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand 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 27^th day of June 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

		Original L.R. Receipt
		Copy of complaint given through Consumer Council
		Copy of acknowledgment card
		Copy of E-mail sent by the complainant
		Copy of E-mail sent by the complainant
		Copy of legal notice issued by the complainant’s Counsel to the opposite parties
		Original postal receipt and acknowledgment card
		Original reply given by the opposite party
		Copy of rejoinder issued by the complainant
		Original postal receipt and acknowledgment card

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  NIL

 

 

MEMBER –I                                                                      PRESIDENT