COMPLAINT FILED: 27.09.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 31st OCTOBER 2008<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.2127/2008<br /> <br /> <br /> COMPLAINANT Sri.Vijayanand K.Hongal,No.481, 3rd Main,Teachers Colony,Koramangala,Bangalore – 560 034.V/s.<br /> OPPOSITE PARTY PAFEX Nationwide,Prakash Air Freight P Ltd.,# 1098, 1st Floor,1st Cross, HAL 3rd Stage,New Thippasandra,Bangalore – 75.<br /> <br /> <br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to pay a compensation of Rs.25,000/- and for such other relief’s on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> Complainant booked a consignment with the OP so as to be delivered at Hyderabad under docket No.775065572 on 02.04.2008. OP collected the necessary charges of Rs.80/- and promised to deliver the said consignment containing the gift articles like clothes within one or two days. But to the utter shock of the complainant even after the lapse of one month or so the said consignment was not delivered to the addressee. The repeated requests and demands made to the OP either to deliver or return the consignment went in vain. It is reported that the consignment is lost in transit. Then complainant wrote a letter to OP on 11.06.2008 demanding the payment of Rs.2,500/- the cost of the article entrusted through the said consignment, it went in vain. Thus complainant felt the deficiency in service on the part of the OP. For no fault of his, he is made to suffer both mental agony and financial loss. Accordingly he is advised to file this complaint and sought for the reliefs.<br /> <br /> 2. On admission and registration of the complaint, notice was sent to the OP. OP refused to accept the said notice, service of notice is held sufficient. The absence of the OP does not appear to be as bona fide and reasonable. Hence OP is placed Ex-parte.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP didn’t participate in the proceedings. Then the arguments were heard.<br /> <br /> 4. It is the case of the complainant that he entrusted two pair of dresses under the consignment to the OP Courier so as to be delivered at Hyderabad to the addressee on 02.04.2008. OP collected the necessary charges and issued the docket No.775065572. Copy of the said docket is produced. Now it is the grievance of the complainant that even after lapse of more than a month or so the said consignment was not delivered to the consignee. His repeated requests and demands made to the OP went in futile. He even wrote a letter on 11.06.2008 claiming the cost of the material. The said letter copy is produced which is received by the OP, there was no response.<br /> <br /> 5. The evidence of the complainant finds full corroboration with the contents of the undisputed documents. There is nothing to discard the sworn testimony of the complainant. It is a quality of evidence that is more important than that of the quantity. The non appearance of the OP even after due service of the notice leads us to draw an inference that OP admits all the allegations made by the complainant. When that is so, complainant is entitled for certain relief. Of course complainant has claimed a compensation of Rs.25,000/-, for that claim basically there is no proof. In our view justice will be met by directing the OP to refund the cost of the material, pay nominal compensation and litigation cost. With these reasons we proceed to pass the following: <br /> O R D E R<br /> <br /> The complaint is allowed in part. OP is directed to pay Rs.2,500/- the cost of the material entrusted and compensation of Rs.500/- and litigation cost of Rs.500/- to the complainant. This order is to be complied within four weeks from the date of its communication.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 31st day of October 2008.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> Vln* <br /> <br /> <br /> <br />