R. VIJAYAKUMAR, MEMBER.

            The complaint is filed for getting an amount of Rs.1,25,000/- as the value of damaged TV, missed Food articles, Cargo charges etc, compensation Rs.75.000/- and cost.

          The averments in the complaint can be briefly summarized as follows:

          The complainant sent to his house at Kollam on 2.7.2007, in his brother name the Television which he had purchased for the price of Rs.4499/-Dirhams ie  equivant to Rs.53988/-.   It was sent  by Air Cargo through the 2^nd opp.party by Airway Bill No.07995.  Their delivery agent in India the 1^st opp.party.

          On 7.7.2007 the complainant arrived at Kollam.  On 17.7.2007 the 1^st opp.party delivered some items except TV and some food items and informed that the other items will be delivered later.  On 23.7.2007 TV and some food items were delivered  but the TV was in a damaged and unusable condition.    The glass screen was broken, carton and plastic cover were damaged.   These things were noted by the deliveryman Mr. Shijo and he has undertaken that the broken TV will be replaced or will be compensated.   The complainant informed the matter to the opp.parties and demanded replacement with a brand new one or for compensation.   The 2^nd opp.party said that it is the duty of 1^st opp.party to deliver the items safely.   The 1^st opp.party has not turned up.   The opp.parties jointly and severally liable to compensate.   Due to the deficiency in service of opp.parties the complainant is subjected to an unwarranted inconvenience and mental agony.  Hence the complaint is filed for relief.

          Even though sufficient opportunities were given, the opp.parties were not turned up.   The complainant filed affidavit.  PW.1 was examined Exhibits P1 to P6 were marked.   The points that would arise for consideration are:

1.     Whether there is any deficiency in service on the part of the opp.parties

2.     Compensation and cost.

On perusal of documents we find that there is deficiency in service on the part of opp.parties.   Even though the opp.parties were not residing  or have not a branch office under the territorial limits of the Forum, as per section 112 [c] of Consumer Protection Act, Forum has jurisdiction to entertain this case, as the cause of action in part arises under the jurisdiction of the Forum.  Moreover this the 1^st opp.party carrying on business under the territorial limits of the Forum also.

     Hence the complaint is allowed.   The opp.party is directed to pay Rs.75,000/- as the value of damaged TV, missed food articles and Cargo charges and Rs.25,000/- as compensation and Rs.1500/- as cost.   The order is to be complied with within one month from the date of receipt of this order.

     Dated this the 30^th day of January, 2009.

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I N D E X

List of witnesses for the complainant

PW.1 – Mohamed Maheen Pillai

List of documents for the complainant

P1. – Cash receipt

P2. – TV Purchase card

P3. – Cash receipt

P4. – Cargo receipt

P5. – Delivery note

P6. – Photographics of Damaged TV