Tamil Nadu

South Chennai

CC/06/2013

M/s. Sri Mahalakshmi Silk Centre - Complainant(s)

Versus

M/s.S.T.Corier - Opp.Party(s)

Solai Arasan

04 Jun 2018

ORDER

                                                                        Date of Filing  : 03.01.2013

                                                                          Date of Order : 04.06.2018

 

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.06 /2013

DATED THIS MONDAY THE 04^th DAY OF JUNE 2018

                                 

M/s. Sri Mahalakshmi Silk Centre,

Rep. by its Partner M. Latha,

No.16, S.K.S. Street,

Walajapet,

Vellore District – 632 513.                                             .. Complainant.                                                  

 

                                                                                           ..Versus..

1. S.T. Couriers,

Rep. by its Managing Director,

Head Office,

No.9, G.S.T. Road,

Guindy,

Chennai.

 

2.  S.T. Couriers,

Rep. by its Branch Manager,

Ranipet Branch,

No.2, RR Road,

Ranipet – 632 401.                                             ..  Opposite parties.

          

Counsel for complainant           :  M/s. S. Sai Sathya Jith & another

Counsel for opposite parties    :  M/s. M. Jaikumar & another

 

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.1,11,200/- being loss of parcel, to pay a sum of Rs.2,50,000/- towards compensation for loss of reputation, damages for the mental agony and to pay the cost of the complaint.

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

The complainant submits that she registered three parcels containing silk sarees on payment of Rs.768/- on 03.02.2012 for the delivery to be made in the address mentioned in the parcels.  Further the complainant submits that, all the three parcels contained 93 number of silk sarees valuing Rs.2,91,950/-.  On 13.02.2012, the complainant was informed about the non delivery of the above said three parcels/consignments.  Immediately on 14.02.2012, the complainant contacted the opposite party and requested to return the parcel.  The opposite parties returned two parcels alone on 17.02.2012.  The opposite parties failed and neglected to return one parcel containing 35 number of silk sarees worth Rs.1,11,200/-.  The complainant made understand the opposite party with regard to the loss of sarees worth Rs.1,11,200/- and the opposite parties men agreed to repay the amount.   But the opposite parties had not paid any amount and showed utter disregard of the request and failure in their duty.   Hence the complainant issued legal notice dated:10.04.2012 and there had been no reply from the opposite parties.  The act of the opposite parties caused mental agony to the complainant.  Hence this compliant 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 this Forum has no jurisdiction since none of the parties residing and carrying out the business within the territorial jurisdiction of this Forum.   Further the opposite parties state that, the 1^st opposite party’s address No.9, G.S.T. Road Guindy, Chennai is not coming under the pincode of Chennai 32, but it is in the pincode of Chennai - 16 which is Alandur for which, the Consumer Court is at Chenglaput and on this ground alone this complaint has to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as its evidence and documents Ex.A1 to Ex.A8 are marked.   In spite of sufficient time is given, the opposite parties have not come forward to file their proof affidavit in order to prove the contentions made in the written version.    Therefore, it is concluded as no proof affidavit on the side of the opposite parties.

 

4.     The points for consideration is:

1. Whether the complainant is entitled to a sum of Rs.1,11,200/- towards the value of missing parcel as prayed for?
2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards compensation for loss of reputation and Rs.50,000/- towards damages and for mental agony with cost as prayed for?

5.     On point:-

        The opposite party after filing of written version has not come forward to file proof affidavit and documents to prove the contentions raised in the written version.  Heard the complainant’s Counsel.  Perused the records namely the complaint, written version, proof affidavit of complainant, documents, written arguments of complainant etc.   Admittedly, the complainant registered three parcels containing silk sarees on payment of Rs.768/- on 03.02.2012 as per Ex.A8 for the delivery to be made in the address mentioned in the parcels.  Further the complainant contended that, all the three parcels contained 93 number of silk sarees valuing Rs.2,91,950/- as per Ex.A2. On 13.02.2012, the complainant was informed about the non delivery of the above said three parcels/consignments.  Immediately on 14.02.2012, the complainant contacted the opposite party and requested to return the parcel vide Ex.A2.  The opposite parties returned two parcels alone on 17.02.2012 as per Ex.A3.  The opposite parties failed and neglected to return one parcel containing 35 number of silk sarees worth Rs.1,11,200/- as per Ex.A4.  The complainant made understand the opposite party with regard to the loss of sarees worth Rs.1,11,200/- and the opposite parties men agreed to repay the amount as per Ex.A3.   But the opposite parties had not paid any amount and showed utter disregard of the request and failure in their duty.   Hence the complainant is constrained to file this case for claiming the loss of sarees worth Rs. 1,11,200/- with compensation of Rs.2,00,000/- towards damages for mental agony and loss of reputation since the failure to reach the parcel caused the customers most unhappy.  The opposite parties had not turned up to file proof affidavit to prove the contentions raised in the written version.   

6.     The contention raised by opposite parties in the written version is that this Forum has no jurisdiction since none of the parties residing and carrying out the business within the territorial jurisdiction of this Forum.   Further the contention of the opposite parties in the written version is that, the 1^st opposite party’s address No.9, G.S.T. Road Guindy, Chennai is not coming under the pincode of Chennai 32, but it is in the pincode of Chennai - 16 which is Alandur for which, the Consumer Court is at Chenglaput.  The opposite party has not produced any record to prove such location of its office.  On the other hand, it is admitted that both Guindy East and West is coming under the jurisdiction of this Forum.  The opposite parties had not raised any substantial contention with regard to the missing of parcel and the contents in the parcel and its value.  On the other hand, the opposite parties agreed to repay the amount towards loss of parcel as per Ex.A3. But failed to do so.  As such the opposite parties had committed deficiency in service. Considering the facts and circumstances of this case, this Forum is of the considered view that the opposite parties shall pay a sum of Rs.1,11,200/- towards the loss of goods and to pay a sum of Rs.15,000/- towards compensation for mental agony with 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 pay a sum of Rs.1,11,200/- (Rupees one lakh eleven thousand two hundred only) towards the loss of parcel of the complainant 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 above amounts 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 04^th day of June 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	03.02.2012	Copy of booking receipt issued to the complainant
Ex.A2	14.02.2012	Copy of representation of the complainant to return the courier parcels
Ex.A3	17.02.2012	Copy of communication of opposite party accepting liability for loss of courier parcel
Ex.A4	17.02.2012	Copy of further representation of the complainant
Ex.A5	10.04.2012	Copy of legal notice issued on behalf of the complainant
Ex.A6	05.10.2012	Copy of proceedings of the Tamil Nadu Legal Services Authority made in TNSLSA NO.4477/G/2012
Ex.A7	29.10.2012	Copy of proceedings of District Legal Services Authority, Walajabad made in No.104/2012
Ex.A8		Copy of earlier booking receipts issued by the opposite party to the complainant

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  NO PROOF AFFIDAVIT

 

MEMBER –I                                                                      PRESIDENT