THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.102/2011
Dated this the 29th day of December 2012.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Smt. Jayasree Kallat, M.A. : Member
Sri. L. Jyothikumar, B.A., LLB. : Member
Babith.K, Koolari House, PO.Kolathara, Cheruvannur, Calicut }Complainant
1) Professional Courier, Near Federal Bank, Cheruvannur, }
Calicut } Opposite party
2) The Managing Director, Professional courier, Behind Crown }
Theatre, K.K.Building, A.G.Road, Calicut. }
(Rep.by Adv.P.Rajeev, Calicut)
ORDER
By Jayasree Kallat, Member
The petition was filed on 04.03.2011. The case of the complainant is that 4 books entrusted to opposite party for transporting to Bombay on 09.08.2010 was not delivered. The complainant is alleging that the books were misplaced by opposite parties. While entrusting the books the complainant had informed that these are valuables and are not available in the open market. It is only supplied with a course worth Rs.65000/-. When complainant enquired the opposite party about the non delivery of the books he did not get any response. Opposite party did not give any accurate reply. Complainant is alleging deficiency in service and unfair trade practice on the side of the opposite parties. Complainant had to suffer mentally and financially due to the negligent service of opposite parties. Hence this petition is filed seeking relief.
Opposite parties 1& 2 had filed a joint version denying the averments in the complaint except those that are expressly admitted. Complainant has a definite case that he has sent the parcel to Mumbai. In that case Mumbai Professional courier should have been made a party to the proceedings. The petition is bad for non jointer of necessary parties. Opposite parties submit that their liability is limited to a sum of Rs.100/-. The complainant has not produced the receipt in which it is printed that liability of the opposite party is limited to Rs.100/-. Complainant has sought an exorbitant amount as compensation. Complainant has not produced any document which shows the value of the books sent through the opposite parties. The opposite parties had sent the parcel to Mumbai. The parcel was lost in transit. Complainant was informed about the matter when he had enquired the opposite parties. Complainant has not declared the contents of the packet. Complainant is bound by the terms and conditions mentioned in the receipt which he has produced before the forum. There was no negligence or deficiency in service on the part of opposite parties. Hence opposite party prays to dismiss the petition.
The only point for consideration is whether the complainant is entitled for any relief.
No oral evidence adduced by the complainant and opposite party. Ext.A1 was marked on the side of the complainant. No documents are marked on the side of opposite parties.
It is the case of the complainant that he had sent a parcel to his relative through the opposite parties, but the opposite parties failed to deliver the consignment. According to the complainant he had sent valuable books to his relative who was doing a course worth Rs.65000/- The study material and a user tool guide supplied by the people conducting the course were sent to the person who had joined the course. Complainant alleges that the parcel was not delivered and so he had to purchase books spending a huge amount. Complainant has not produced any document to prove the value of the books. The only document produced and marked on complainant’s side is Ext.A1. It does not mention the contents of the consignment. As per Ext.A1 Consigner Babith had sent a package to consignee Syamal Swaroop in Bombay and the total amount the complainant has paid to sent the consignment is Rs.250/-. According to the opposite party they had sent the consignment to Bombay. In the version opposite party has submitted that they have sent the consignment to Bombay. Opposite party has raised the issue of non jointer of the necessary party at Bombay. Complainant has not taken any steps to make Bombay office a party in this case. The complainant has not taken any pains to prove the value of the contents the books. It is only the statement of the complainant that the books are worth Rs.25,000/-. Opposite parties on the other hand have stated, that they have sent the parcel to Mumbai, but they have failed to produce any document showing that the parcel was sent from the opposite parties to Mumbai. After going through the complaint and the version we are of the opinion that both parties have not produced sufficient documents to prove their case. Opposite parties have admitted in their version that the parcel was not delivered at Mumbai because they must have lost in transit. Opposite party has not proved that they have made proper follow up to enquire about the complaint put forward by the complainant. Opposite party has received Rs.250/- from the complainant to deliver the parcel at destination, but they have failed in their service. Hence the forum is of the opinion that complainant is entitled to get refund of the amount paid to opposite party. The complainant also has not made any attempt to prove his case with concrete proof. He has not produced documents to supplement his case which shows the actual value of the consignments. In such a circumstance forum can not allow the exorbitant amount sought by the complainant. As the opposite parties failed to deliver the consignment the complainant is entitled to get back the amount paid to opposite party.
In the result the petition is partly allowed and the opposite parties are directed to refund Rs.250/- paid by the complainant to send the parcel, along with an amount of Rs.500/- as compensation for the mental agony the complainant had suffered due to non delivery of the parcel in the destination. The complainant is also entitled for an amount of Rs.250/- as cost of the proceedings.
Pronounced in the open court this the 29th day of December 2012.
Date of filing:04.03.2011.
SD/- PRESIDENT SD/-MEMBER SD/-MEMBER
APPENDIX
Documents exhibited for the complainant
A1.Professional courier receipt dtd.09.08.2010 for Rs.250/-
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
Nil
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
