Tamil Nadu

South Chennai

CC/34/2017

K.Sambadam - Complainant(s)

Versus

M/s.Queens International Express - Opp.Party(s)

T.Nagaru Pillai

08 Aug 2019

ORDER

                                                                  Complaint presented on : 12.01.2017

                                                                    Date of Disposal            : 08.08.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

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

 

C.C. No.34/2017

DATED THIS THURSDAY THE 08^TH DAY OF AUGUST 2019

                                 

K. Sambandam,

S/o. Mr. Kaliyamurthi,x

Flat No.12, Overseas Brindhavan,

No.12, P.A. Ramachandra Athithanar Salai,

Gandhi Nagar,

Adyar,

Chennai – 600 020.                                                        .. Complainant.                                   

 

                                                                                           ..Versus..

 

M/s. Queens International Express,

Represented by its Proprietor Mr. K.M. Gani,

No.4/28, Luz Bazaar,

R.K. Mutt Road,

Mylapore,

Chennai – 600 004.                                                  ..  Opposite party.

 

Counsel for the complainant     : M/s. T. Nagaru Pillai & others

Counsel for the opposite party : M/s. K. Ganesan

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.25,000/- towards the value of consignment, Rs.4,500/- towards the airway bill and a sum of Rs.1,00,000/- towards compensation for mental agony with cost of Rs.5,000/- to the complainant.

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

The complainant submits that on 24.10.2016, the complainant sent a parcel containing sarees, blouses, tops, petticoat, sweet and snacks to his daughter living at No.2250, Holy Hall Street, Apartment 3109, HOUSTON TEXAS – 77054, U.S.A. to celebrate Diwali.  The complainant submits that the opposite party has not delivered the same and thereby, the purpose of sending the articles to celebrate Diwali is totally defeated which caused great mental agony and distress.  The complainant submits that even after repeated requests through phone and in person, there was no proper response from the opposite party.  The opposite party through its email admitted that the shipment has been wrongly delivered to Apartment No.101 and they are taking steps to retrieve the same and deliver it to the complainant’s daughter’s apartment.   But till date, neither the consignment nor its value has been properly delivered to either to the consignee or to the consignor.  Hence, the complainant issued noticed dated:09.11.2016 which was duly acknowledged by the opposite party but has not sent any reply.   The complainant submits that the email communication between the complainant’s wife and the opposite party wherein the opposite party had admitted the wrong delivery.  The complainant submit that he sent emails and notice to the opposite party but the opposite party has not taken proper step either to retrieve the consignment or to deliver the same to the addressee namely; the complainant’s daughter.  The silk saree purchased at M/s. Tulsi Silks for a value of Rs.11,850/-.  With regard to the purchase of other items, namely; tops, petticoats, sweets and snacks, the complainant had misplaced the bills for the same.  The act of the opposite party amount to deficiency in service and unfair trade practice which caused great mental agony.    Hence, the complaint is filed.

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

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The opposite party states that the opposite party was not aware of the living address of the complainant’s daughter and the articles consigned in lieu of Diwali festival and its value.  The opposite party states that the complainant booked the consignment on 24.10.2016 to the impugned address after acknowledging receipt for Rs.4500/-.   The bill itself is very clear that the liability of the opposite party is restricted only to a sum of Rs.500/-.  The opposite party states that the complainant accepted the terms and conditions and booked the consignment which was duly hipped to the address and was wrongly delivered because the proforma invoice recorded the address of the consignee namely; Ms. Vaishnavi Sambandam, No.2250, Holy Hall Street, APT. 3109, HOUSTON TEXAS – 77054 and handed over the same to the transporter one M/s. FedEx Express, having its office at No.220,, 1^st Floor, Fountain Plaza, Pantheon Road, Egmore, Chennai – 600 008.  The opposite party states that the claim of Rs.25,000/- towards the value of the articles and refund of freight charges of Rs.4,500/- and compensation of Rs.1,00,000/- is imaginary and exorbitant.  Therefore there is no deficiency in service on the part of the opposite party and hence, 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.A5 are marked.  Proof affidavit of the opposite party is filed and no document is marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.29,500/- towards the value of the consignment with Air way bill amount as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony with cost of Rs.5,000/- as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Heard the complainant’s Counsel also.  Perused the records namely; the complaint, written version, proof affidavits and documents. The complainant pleaded and contended that on 24.10.2016, the complainant sent a parcel containing sarees, blouses, tops, petticoat, sweet and snacks to his daughter living at No.2250, Holy Hall Street, Apartment 3109, HOUSTON TEXAS – 77054, U.S.A. to celebrate Diwali.  Ex.A1 is the copy of Air way bill for a sum for Rs.4,500/- towards freight charges.  Further the contention of the complainant is that the opposite party has not delivered the same and thereby, the purpose of sending the articles to celebrate Diwali is totally defeated which caused great mental agony and distress.  Further the contention of the complainant is that even after repeated requests through phone and in person, there was no proper response from the opposite party.  The opposite party through its email admitted that the shipment has been wrongly delivered to Apartment No.101 and they are taking steps to retrieve the same and deliver it to the complainant’s daughter as per Ex.A4.   But till date, neither the consignment delivered nor its value has been paid to either the consignee or to the consignor.  Hence, the complainant issued noticed dated:09.11.2016 which was duly acknowledged by the opposite party but has not sent any reply as per Ex.A4, it is very clearly admitted that the consignment was wrongly delivered.  The opposite party has not produced any document to prove the steps taken for retrieval of consignment proves the deficiency in service.  Further the contention of the complainant is that as per Ex.A1, the liability of the opposite party is restricted to Rs.500/- is arbitrary and it is against the settled principles of law.   The complainant is claiming a sum of Rs.25,000/- towards the value of the consignment and refund of the freight charges Rs.4,500/- with a compensation of Rs.1,00,000/- and cost.

6.     The contention of the opposite party is that the opposite party was not aware of the living address of the complainant’s daughter and the articles consigned in lieu of Diwali festival and its value.  The complainant also has not produced any bill for the value of the consignment except Ex.A5, towards receipt for the purchase of silk saree.  Further the contention of the opposite party is that admittedly, the complainant booked the consignment on 24.10.2016 to the impugned address after acknowledging receipt for Rs.4,500/-.   The bill itself is very clear that the liability of the opposite party is restricted only to a sum of Rs.500/-.  But on a careful perusal of Ex.A1, under what principles / provisions of law such restriction of amount to only Rs.500/- not given in Ex.A1.  Further the contention of the opposite party is that the complainant accepted the terms and conditions and booked the consignment which was duly hipped to the address and was wrongly delivered because the proforma invoice recorded the address of the consignee namely; Ms. Vaishnavi Sambandam, No.2250, Holy Hall Street, APT. 3109, HOUSTON TEXAS – 77054 and handed over the same to the transporter one M/s. FedEx Express, having its office at No.220,, 1^st Floor, Fountain Plaza, Pantheon Road, Egmore, Chennai – 600 008.  The complainant has not impleaded the said transporter who is a necessary party.   But even after issue of notice, the opposite party has not given any details regarding the transporter.   Further the contention of the opposite party is that the claim of Rs.25,000/- towards the value of the articles and refund freight charges of Rs.4,500/- and compensation of Rs.1,00,000/- is imaginary and exorbitant.  But it is not denied the value of articles and freight charges.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall pay a sum of Rs.25,000/- towards the cost of consignment and a compensation of Rs.10,000/-towards mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) being the cost of consignment and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten 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 08^th day of August 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

		Copy of Airway bill receipt
		Copy of notice issued to the opposite party
		Copy of acknowledgment received from the opposite party
		Copy of email communications
		Copy of bill for the purchase of Silk Saree from M/s. Tulsi Silks

 

OPPOSITE PARTY SIDE DOCUMENTS:-  NIL

 

                              

MEMBER                                                                                PRESIDENT