By L. Jyothikumar, Member:

 

            The complaint was filed on 25-3-10.  The complainant is an Airline Captain working with Air India Station office at Kozhikode. The case of the complainant is that he had lost his pilot license inadvertently at Calicut and thereafter applied for issuance of a new flying license from Director General of Civil Aviation through Air India Head Quarters and the same after the issuance was entrusted for dispatch vide Courier Overnite Express Ltd. at branch office, Delhi to his residential address at Calicut on 15-2-2010. It was informed that the entrusted article through courier would reach his address given within three working days. But license happened to be delivered only on 3-3-2010. Complainant had contacted opposite party several times but there was no response. The complainant is alleging negligence and deficiency in service on the part of the opposite party for not delivering the consignment on time. Hence he filed the petition seeking compensation for his mental agony and strain.

            Notice sent to the opposite party was returned with endorsement “Unclaimed”. Complainant had taken substitute service and paper publication produced. Hence opposite party was called absent and set exparte.

            The complainant was examined as PW1 and Exts.A1 and A2 were marked. From the evidence and exhibits the case of the complainant is proved. On a perusal of Ext.A2 it can be seen that the consignment was received by the complainant on 3-3-2010. There was a delay of 15 days in delivering the consignment of the complainant. The complainant has deposed before the Forum that he lost the opportunity of attending the interview due to the negligence and deficiency of the opposite party. According to the complainant this caused heavy financial loss and mental agony to the complainant. Hence we are of the opinion that the opposite party was deficient in their service.

In the result the petition is allowed. As the complainant has not produced any document to prove the actual loss he has suffered, we are of the opinion that the complainant is entitled to get an amount of Rs.10000/- as compensation and cost of Rs.1000/- within one month from the date of receipt of the order.

 

Pronounced in the open court this the 13^th day of July 2010.

 

            SD/- PRESIDENT                   SD/- MEMBER           SD/- MEMBER

 

APPENDIX

 

Documents exhibited for the complainant:

 

A1. Photocopy of receipt dt. 15-02-2010.

A2. Photocopy of

 

Documents exhibited for the opposite party.

            Nil

Witness examined for the complainant:

PW1. Sajeekhan (Complainant)

 

Witness examined for the opposite party.

            None

 

                                                            Sd/- President

                        // True copy //

(Forwarded/By order)

 

 

SENIOR SUPERINTENDENT.