BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 22/12/2012
Date of Order : 23/08/2013
Present :-
Shri. A. Rajesh, President.
C.C. No. 667/2012
Between
Mrs. Elizabeth Alen George, | :: | Complainant |
House No. 50/2359, Villa No.9, Skyline Orion Park, Opp. Al Ameen School, Station Road, Edappally – 682 024. | | (By Adv. Bepin Vijayan, 5-17, Empire Building, O.R.S. Road, Near New High Court Complex, Ernakulam – 682 018) |
And
P. Subash, | :: | Opposite Party |
Managing Partner, Oceanic Cargo Services, Shipping Clearing Transporting & Forwarding Agents, 24/1392, Subramanian Road, Willington Island, Kochi – 682 003. | | (Absent) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :-
The opposite party is a Shipping Clearing, Transporting and Forwarding Agent. When the complainant had shipped down house hold goods on her return from the Gulf, the opposite party acted as her clearing agent. Over and above, the regular charges, the opposite party collected from the complainant an amount of Rs. 22,660/- on 07-06-2010 stating that the same has to be paid to the Cochin Port Trust as storage charges which the opposite party said was refundable amount. The opposite party had assured the complainant that this deposit will be refunded once the goods are cleared, but failed to do so in spite of repeated requests and reminders. On 25-02-2012, the complainant caused to issue a notice repeating the same demand. The opposite party received the notice, but did not heed to it. Thus, the complainant is before us seeking direction against the opposite party to refund the amount of Rs. 22,660/- with interest together with Rs. 1,500/- towards lawyer notice charges and costs of these proceedings. This complaint hence.
2. The opposite party duly accepted the notice from this Forum, but opted to remain absent for reasons not stated or explained. Proof affidavit has been field by the complainant. Exts. A1 to A4 were marked on her side. Heard the learned counsel for the complainant.
3. The points that arose for consideration are as follows :-
Whether the complainant is entitled to get refund of Rs. 22,660/- with interest from the opposite party?
Whether the opposite party is liable to pay lawyer notice charges and costs of the proceedings to the complainant?
4. Point No. i. :- Ext. A1 is the letter issued by the opposite party to the complainant dated 07-06-2010, which reads as follows :-
“I hereby undertake to refund the amount collected by the Cochin Port Trust as storage charges after Court Verdict. I collected Rs. 22,660 and the same will be refunded.”
Ext. A1 letter goes to show that the opposite party collected a sum of Rs. 22,660/- from the complainant towards storage charges. It is also stated that he is prepared to refund the amount to the complainant. Ext. A2 is the lawyer notice issued by the complainant to the opposite party. Ext. A3 acknowledgment card would show that the opposite party received Ext. A2. According to the complainant, time and again, she requested the opposite party to refund the deposit amount of Rs. 22,660/- to which there was no response on the part of the opposite party. The opposite party ought to have refunded the amount to the complainant as and when the goods are cleared from the Cochin Port. No reason is forthcoming on the part of the opposite party as to the reason for the withholding of the above amount. The opposite party is legally liable to refund the amount to the complainant with interest, especially in view of his undertaking in Ext. A1.
5. Point No. ii. :- Had the opposite party refunded the amount to the complainant forthwith at the time of release of the goods, this complaint could well have been avoided to the convenience of the litigants and the ill affordable time of this Forum. But unfortunately, seemingly things are not so only to a detriment. The above conduct of the opposite party amounts not only to deficiency in service, but also to unfair trade practice. Costs of the proceedings is called for. This Forum fix it at Rs. 1,000/-. The prayer for lawyer notice charges of Rs. 1,500/- is also allowed.
6. In the result, this Forum allow the complaint and direct as follows :-
The opposite party shall refund Rs. 22,660/- to the complainant with interest at the rate of 12% p.a. from the date of complaint till realisation.
The opposite party shall also pay Rs. 2,500/- to the complainant towards costs of the proceedings and lawyer notice charges.
The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 23rd day of August 2013.
Forwarded/By Order, Sd/- A. Rajesh, President.
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the letter dt. 07-06-2010 |
A2 | :: | Copy of the lawyer notice dt. 25-02-2012 |
A3 | :: | Copy of the acknowledgment card |
A4 | :: | Copy of power of attorney. |
Opposite party's Exhibits :: Nil
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