IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
Dated this the 15th Day of February 2022
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President
Sri.Stanly Harold, B.A.LLB, Member
CC.32/2020
Reghu : Complainant
Edakkattil Veedu
Pattathanam
Mukunthapuram P.O
Chavara, Kollam.
V/s
Professional Courier : Opposite party
Chavara.
FINAL ORDER
E.M.MUHAMMED IBRAHIM , B.A, LL.M, President
This is a case based on a complaint filed u/s 12 of the Consumer Protection Act.
The averments in the complaint in short are as follows:-
On 16.11.2012 the complainant booked 4kgs of articles worth Rs.10,000/- with the opposite party addressed to one Kalayamathi, Thrichi. When it was reached at the courier office at Thrichi it was found that 2kg out of the 4kg articles were removed by broke opening the packet. Therefore the addressee has refused to take delivery of the article and returned it. When contacted at the Head Office, of the opposite party at Karunagappally they expressed that they have no liability in the matter. The complainant has sustained heavy loss as well as mental agony and hence the complainant prays to award compensation to the tune of Rs.25,000/-.
The notice issued to the opposite party returned stating unclaimed. Hence the notice has been treated as served and the opposite party was set exparty and posted for recording exparty evidence. Though sufficient opportunity was granted to adduce exparty evidence, the complainant has not turned up nor adduced any exparty evidence. Hence we are of the view that the complaint has no interest in prosecuting the complaint. 4 documents produced along with the complaint are only unattested photocopies. Therefore the above documents are not reliable and acceptable. There is every chance of having the original of the first 2 documents. But the complainant for the reasons best known to him has not produced the same. In the circumstances we are of the view that there is no materials to substantiate the allegations in the complaint at least prima facie. Hence the complaint is only to be dismissed.
In the result complaint stands dismissed.
Dictated to the Confidential Assistant Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the Open Commission this the 15th day of February 2022.
E.M.Muhammed Ibrahim:Sd/-
Stanly Harold:Sd/-
Forwarded/by Order
Senior Superintendent