Tamil Nadu

North Chennai

CC/112/2021

A.Poongothai - Complainant(s)

Versus

M/s.ST.Courier,Rep by its Authorized Signatory - Opp.Party(s)

M/s.Guru Moorthy

30 Sep 2022

ORDER

                                                                   Complaint presented on :04.08.2021

                                                                    Date of disposal            : 30.09.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT :  THIRU G. VINOBHA, M.A., B.L.,                                     : PRESIDENT

                                  TMT. KAVITHA KANNAN, M.E.                          : MEMBER-I

                                  THIRU V. RAMAMURTHY, B.A., B.L., PGDLA : MEMBER-II

 

C.C. No.112/2021

 

DATED THIS FRIDAY THE 30th  DAY OF SEPTEMBER 2022

 

A. Poongothai,

Proprietor of A.E. Industries,

24A, T.H. Road,

New Washermanpet,

Chennai-600081.                                                            …..Complainant

 

 ..Vs..

 

1. M/s. ST Courier,

Represented by its Authorized Signatory,

Branch Office, Thiruvotriyur,

81, T.H. Road,

Vasantha Nagar, Kaladipet,

Chennai-600 019.

 

2. ST Courier,

Represented by its Authorized Signatory,

Head Office: 199, Hariyan Street,

C. Pallavaram,

•  

 

 

Counsel for Complainant                   : M/s.S. Guru Moorthy & E. Venkatesan

 

Counsel for  opposite parties               : Ex-parte

 

ORDER

 

THIRU. V. RAMAMURTHY, B.A., B.L., PGDLA, MEMBER-II

          This complaint has been filed by the complainant against the opposite parties under section 35 of the Consumer Protection Act, 2019 prays to direct the opposite parties to handover the consignment and to pay a sum of  Rs.2,00,000/-  for causing mental agony and sufferings and to pay costs of complaint.

1.THE COMPLAINT IN BRIEF:

          According to complainant, the complainant is doing cable strap business for the past several years for her livelihood in the name of A.E. Industries at 24A, T.H. Road, New Washermanpet, Chennai-600081.  On 08.06.2021 the complainant had sent consignment of cable strap (400 Nos) under Inv. No.AEIGST/13/21-22 for Rs.5664/- to their client M/s. Dellner India (P) Ltd., at S.No.59/1, Padur Road, Mevalurkuppam, Sriperumbudur Taluk, Kanchipuram-602105 and booked the consignment with 1^stopposite party vide bill no.63326677831 dated 10.06.2021 and paid an amount of Rs.320/-.  The complainant submits that from 15.06.2021 the complainant started receiving phone calls from the client informing that the consignment was not delivered.  The complainant informed the 1^st opposite party but they failed to respond in spite repeated phone calls regarding non-delivery of consignment and due to this, the client had cancelled all further orders which lead to more mental agony and physical sufferings to the complainant.  The complainant submits that a legal notice was issued to opposite parties to handover the said consignment and also to pay Rs.2,00,000/- as compensation for the mental agony and sufferings and the opposite parties have acknowledged the receipt of the same on 03.07.2021 but have not sent a reply or paid compensation.  Hence this complaint.

          2. In spite of receipt of notice, the opposite parties had not appeared before this Commission and hence, the opposite parties were set ex-parte.

3. POINTS FOR CONSIDERATION:

1. Whether there is deficiency in service on the part opposite parties as alleged in the complaint?

 

2. Whether the complainant is entitled for the reliefs prayed in the complaint.     If, so to what extent?

The complainant filed proof affidavit and documents Ex.A1 to Ex.A6 were marked.

4. POINT NO :1

          The complainant counsel heard.  Perused the documents.  According to complaint, the complainant had raised an invoice in the name of client M/s. Dellner India (P) Ltd., at S.No.59/1, Padur Road, Mevalurkuppam, Sriperumbudur Taluk, Kanchipuram-602105 vide Invoice No.AEIGST/13/21-22 dated 08.06.2021 for Rs.5664/- for supply of cable strap on (400 Nos.) and the invoice is marked as Ex.A1.  The complainant booked the consignment with 1^st opposite party on 08.06.2021 vide booking no. 63326677831 dated 10.06.2021 and paid an amount of Rs.320/- which is marked as Ex.A2.  The complainant received phone calls on 15.06.2021 from the client informing that the consignment was not delivered.  The complainant contacted the 1^st opposite party but they failed to respond in spite repeated phone calls regarding non-delivery of consignment and due to this the client had cancelled all further orders which lead to more mental agony and physical sufferings to the complainant.  The complainant had sent a legal notice to opposite parties which is marked as Ex. A3 to handover the said consignment and also to pay Rs.2,00,000/- as compensation for the mental agony and sufferings, but the opposite parties having received the same failed to respond.

          5. As per Ex.A1, the complainant had raised an invoice for the supply of cable strap to their client.  The complainant had booked the consignment with 1^st opposite party vide bill no. 63326677831 dated 10.06.2021 as seen in Ex.A2. The complainant alleged that complainant client had informed the complainant on 15.06.202, that they have not received the consignment.  The complainant called the 1^st opposite party but in spite of repeated phone calls there was no response from the 1^st opposite party.  The complainant alleged that due to non-delivery of consignment, all further orders were cancelled, but no documents are filed in this regard. The complainant is the proprietor of A.E. industries as found from the document filed by the complainant, though it is engaged in the business transaction, the averment in the complainant prove that it is only a small scale business which was run by her for her livelihood and hence it is not for commercial purpose.  The complainant had sent a legal notice to opposite parties which is marked as Ex. A3 to handover the said consignment and also to pay Rs.2,00,000/- as compensation for the mental agony and sufferings, but the opposite parties having received the same failed to respond.  Therefore, the acts of opposite parties proved deficiency in service on their part and Point No.1 is answered accordingly.

6. Point No.2.

            Based on findings given to the Point.No.1, since there is deficiency in service on the part of Opposite parties, the complainant is entitled to the reliefs  as claimed in the complaint partly.  Point no.2 answered accordingly.

          In the result the Complaint is partly allowed.  The 1^st and 2^ndOpposite Parties are directed to handover the consignment back or pay the value of consignment being Rs.5664/- and also to pay Rs.25,000/-(Rupees Twenty Five Thousand only) towards compensation for mental agony and sufferings and Rs.5,000/- towards cost of this complaint. The above amount shall be paid to the Complainant within one month from the date of receipt of the copy of this order, failing which the above said amount shall carry 9% interest from the date of order to till the date of payment.    

Dictated  by the Member II to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 30^thday of September2022.

 

MEMBER – I                       MEMBER – II                         PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1	08.06.2021	GST Invoice from the complainant
Ex.A2	10.06.2021	Receipt from the 1st opposite party
Ex.A3	02.07.2021	Legal Notice from the complainant to the opposite parties
Ex.A4	03.07.2021	Acknowledgement from the 1st opposite party
Ex.A5	03.07.2021	Acknowledgement from the 2nd opposite party
Ex.A6		Adhaar Card of the complainant

 

 

 

MEMBER – I                       MEMBER – II                         PRESIDENT