BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, VELLORE DISTRICT AT VELLORE. PRESENT: THIRU. A. SAMPATH, B.A., B.L., PRESIDENT TMT. G. MALARVIZHI, B.E. MEMBER – I THIRU. K. DHAYALAMURTHI,B.SC MEMBER – II CC. 16 / 2003 WEDNESDAY THE 27th DAY OF JULY 2011. V. Babu, S/o. Venugopal, No.6, 14th East Cross Road, Gandhi Nagar, Vellore – 632 006. … Complainant. - Vs – The M/s. Professional Couriers, T.K.V.S. Complex, No.23-4-56, Arcot Road, Vellore – 632 004. … Opposite party. . . . . . This petition coming on for final hearing before us on 18.7.11, in the presence of Thiru. J. Venkatramani, Advocate for the complainant and Thiru. S.Varadhan, Advocate for the opposite party and having stood over for consideration till this day, the Forum made the following: O R D E R Pronounced by Thiru. A. Sampath, President of the District Consumer Disputes Redressal Forum, Vellore District. 1. The brief facts of the case of the complainant is as follows: The complainant is a graduate in Mechanical Engineering completed his Engineering study at the Vellore Engineering College. For higher studies like GRE & TEFL Exams the complainant undergone several examinations. The American Universities converted the Indian Marks into grade point average. That is being done by World Education Service No.22, Prince Street, PMB 101, New York NY.10012 New York, U.S.A. The complainant has to send the Indian Marks sheets the examinations performance of GRE & TOEFL Exams and other particulars to the World Education Services to evaluate the performance. On 10.2.03 he has consigned a Bundle of documents in parcel and sent to the World Educational Services, New York USA through the opposite party couriers service. The Normal charges will be around Rs.400/- and for the immediate service the opposite party has charged Rs.600/-. The consignment must reach the USA on or before 17.2.03. The complainant has given a special request and paid extra charges for the delivery of the consignment in 3 days time namely on 14.2.03. The consignment was delivered at the World Education Centre on 24.2.03 after the expiry date. He received the message from USA that the consignment was received late and his application cannot be considered. The complainant immediately contacted the Professional Couriers why there was delay in service. The complainant was given an explanation on 18.3.03 stating that due to severe show storm on the eastern part of USA during 14th to 20th February 2003, all the Airports were closed. Flights were not made to land in New York Airport. The Fax message received by the complainant was faxed to the World Education Services New York was informed over the Cell phone of the complainant that not even on single minute the New York Airport will be closed on any account and the Airport has got all facility to over come any snow storm and also informed the complainant that there was no snow storm between 14th to 20th February 2003. The complainant was at a loss to got this application rejected on account of the deficiency of service on the part of the opposite party in not dispatching the consignment in time even after collecting extra charges for prompt services, namely delivery. 2. For writing GRE and TOEFL exams he has spent nearly around Rs.25,000/- and he has applied for 8 Universities in States and for each University the application fees is around Rs.3000/-. He has spend a copy of GRE and TOEFL Mark sheets to each University it is roughly about Rs.1500/- each university. The details particulars are all follows: Particulars Cost REP & TOEFL EXAMS Rs.25,000 . 00 Cost of application for Universities (Rs.3000 x 8 = 24000) Rs.24,000 . 00 World Education Services Report To each University (4000 x 8) Rs.32,000 . 00 Courier Charges for sending the Application to the Universities (700 x 8 = 5600) Rs. 5,600 . 00 Courier charges for sending the World Education Services Report To Each University Rs. 4,800. . 00 He has to arrange for a bank guarantee of 16 lakhs for the purpose of the higher study and the same was arranged through Private borrowing and the amount was deposited at the IOB Gandhi Nagar East Branch. The interest was at the rate of 24% p.a. The complainant has paid interest alone for three months of January, February and March namely Rs.40,000./- for each month and paid a sum of Rs.1,20,000/- in all. That is the reasons for the complainant to claim compensation at the rate of 2 lakhs for the deficiency of service. On account of the deficiency of service on the part of the opposite party he has to appear only on the next Academic year and the amount spent by the complainant is around a lakh of rupees and estimate the deficiency of service at Rs.2 lakhs and filed the present complainant. The complainant therefore prays this Forum for the directing the opposite party to pay a sum of Rs.1,00,000/- spent by the complainant for his studies and to pay a sum of Rs.2,00,000/- as damages for the deficiency of service and to pay a sum of Rs.5000/- as cost of proceedings. 3. The averments in the counter filed by the opposite party is as follows: The opposite party denies all the allegations in the complaint except those that are expressly admitted herein and puts the complainant to strict proof of chose not so admitted. They are not aware of the allegations made in para-1 & 2 of the complainant and the petitioner to strict proof of the same and it is also not pertinent for this counter. It is true that the complainant on 10.2.03 consigned ‘BUNDLE OF DOCUMENTS IN A PARCEL, ADDRESSED TO WORLD EDUCATIONAL SERVICES, NEW YORK, USA” as admittedly mentioned by the complainant in para-3. The very fact of the complainant himself mentioning the consignment as a bundle of documents itself is suggestive of the fact that his claim in the later paras with specifications cannot be true. They were only a bundle of documents and it has nothing to do with the so called documents referred to in the complainant on this ground alone the petition has got to be dismissed. The opposite party denies of they having collected Rs.600/- on the ground of immediate service and puts the petitioner to strict proof of the same. There is absolutely no separate charge for immediate service, the charges are based on the weight and the designation. No courier service will given assurance of delivery by specifying the time and in fact this is what is mentioned in the receipt given to the consignors like the petitioner. The courier service is also follow the rules and regulations of Indian Postal Act which does not contemplate any assurance at all. Due to severe snow storm on the eastern part of USA during 14th to 20th February 2003 all the Airports were closed. Flights were not allowed to land in J.F.K. (New York) all the consignments from India were deliver to New York. When the situation is normal all the consignments were brought back to New York and after the custom clearance were made the bundle was forwarded to the consignee on the 24th February 2003. This was duly conveyed by the opposite party on 7.3.03 and 18.3.03. The allegations contra in para-4 of the complainant having received a cell phone call contrary to what is stated cannot be believed at all. To suit is convenience the complainant has chosen to introduced a cell phone call and is put to strict proof of the same. The allegations made in para-5 of the petition are all made for sustaining the application which is contradictory to what is stated in para 3. These claims are not supported by any documentary evidence and that is the reason why they have not been filed along with the complaint. The opposite party is not aware of the allegations made in para-6 again not supported by any documentary evidence filed and relied on and hence to be rejected. As per terms and conditions this non negotiable Airway Bill is subject to standard conditions of carriage set forth on the reverse shall not be liable to any event for any specific incident or consequential damages including / irrespective of loss of income liability of carriage is limited to INR 1000/- only for any cargo cost damage delayed or otherwise adversely affected, contents other than business documents must be accompanied by a declaration stating the value, full description. Therefore if there is any liability to be foisted on the opposite party. It should be subjected to the terms and conditions binding on the parties. Hence this complaint is to be dismissed with costs. 4. Now the points for consideration are: (a) Whether there is any deficiency in service, on the part of the opposite party? (b) Whether the complainant is entitled to the reliefs asked for?. 5. Ex.A1 to Ex.A5 were marked on the side of the complainant and no documents were marked on the side of the opposite party. Proof affidavit of the complainant and Proof affidavit of the opposite party have been filed. No oral evidence let in by either side. 6. POINT NO.: (a): The complainant contended that on 10.2.03 he has consigned a Bundle of documents in parcel and sent to the World Educational Services, New York, USA through the opposite party courier service. The consignment must reach the USA on or before 17.2.03. The complainant has given a special request and paid extra charges for the delivery of the consignment in three days time namely on 14.2.03. But the consignment was delivered at the World Education Centre on 24.2.03 after the expiry date. Due to the delay, the complainant was at a loss to got this application rejected on account of the deficiency of service on the part of the opposite party in not dispatching the consignment in time even after collecting extra charges for prompt services, namely delivery. On account of the deficiency of service on the part of the opposite party he has to appear only on the next Academic year and the amount spent by the complainant is around a lakh of rupees and estimate the deficiency of service at Rs.2 lakhs. 7. The opposite party contented that there is absolutely no separate charge for immediate service, the charges are based on the weight and designation. No courier service will given assurance of delivery by specifying the time and in fact this is what is mentioned in the receipt given to the consignors like the petitioner. Further contented that due to severe snow storm on the eastern part of USA during 14th to 20th February 2003 all the Airports were closed. Flights were not allowed to land in J.F.K (New York) all the consignments from India were deliver to New York. When the situation is normal all the consignments were brought back to New York and after the custom clearance were made the bundle was forwarded to the consignee on the 24th February 2003. This was duly conveyed by the opposite party on 7.3.03 and 18.3.03. Therefore there is no deficiency in service on the part of the opposite party. 8. It is admitted fact of the parties that the complainant on 10.2.03 consigned bundle of documents in parcel, addressed to World Educational Services, New York, USA for that the opposite party issued a receipt Ex.A1, dt.10.2.03 to the complainant. From the perusal of Ex.A1, it is seen that the opposite party received a sum of Rs.600/- as charges for delivery of the bundle of documents. No extra charges mentioned by the opposite party for prompt service, name by delivery. The complainant stated in his proof affidavit that the normal charges will be around Rs.400/- and for immediate service the opposite party has charged Rs.600/-. The opposite party stated in his proof affidavit that they collected Rs.600/- on the ground of immediate service and there is absolutely no separate charge for immediate service, the charges are based on the weight and the designation. Therefore, it is clear that there is no document to prove the contention of the complainant that the normal charge will be around Rs.400/- and for immediate service the opposite party has charged Rs.600/- 9. The opposite party stated in his proof affidavit that due to severe snow storm on the eastern part of USA during 14th to 20th February 2003 all the Airports were closed. Flights were not allowed to land in J.F.K. (New York) all the consignments from India were deliver to New York. When the situation is normal all the consignments were brought back to New York and after the custom clearance were made the bundle was forwarded to the consignee on the 24th February 2003. This was duly conveyed by the opposite party on 7.3.03 and 18.3.03. From the perusal of FICPL-Massage Ex.A5, dt. 7.3.2003 it read as follows: DUE TO SEVERE SNOW STROM ON THE ESTERN PART OF USA DURING 14TH TO 20TH ALL THE AIRPORTS WERE CLOSED, FLIGHTS WERE NOT MADE TO LAND IN JFK AIRPORT (NEW YORK) ALL THE LOANDS CAME FROM INDIA WERE DIVERED TO NEW YORK. WHEN THE SITUATION WAS NORMAL. ALL THE LOANDS BROUGHT BACK TO NEW YORK AND THE CUSTOM CLEARANCE WAS MADE AND THE PKG WAS FORWARDED TO FEDEX ON 21TH THIS WAS THE CUASE FOR THE DELAY FOR THE BELOW MENTIONED PKG. Therefore it is clear that the above cause for the delay to deliver the package intimated to the opposite party. Based on the above said message, the opposite party sent a letter Ex.A4 dt. 18.3.03 to the complainant stating that they extremely very sorry for late delivered for your document register, since in USA during this month 14th to 20th the all Airports were closed, since there is severe storm on the eastern part of USA. The complainant stated in his proof affidavit that he received the Fax massage from the World Educational Services, New York, that not even a single minute the New York Airport was closed, therefore, the message send by the opposite party is wrong. But the complainant has not filed any documents to prove the above contention that the complainant received Fax massage from the World Educational Services, New York, that not even a single minute the New York Airport was closed and there was no snow storm between 14th to 20th February 2003. Therefore, it is clear that the contention of the opposite party that due to severe snow storm on the eastern part of USA during 14th to 20th February 2003, all the Airports were closed. Flights were not allowed to land in J.F.K. (New York) all the consignments from India were deliver to New York. When the situation is normal all the consignments were brought back to Newyork and after the custom clearance were made the bundle was forwarded to the consignee on the 24th February 2003 is acceptable. 10. Hence, taking all the above facts into consideration from the contention in the complaint and the counter, as well as proof affidavit of the both the parties, and from the documents Ex.A1 to A5, we have come to the conclusion that the complainant herein have not clearly proved the deficiency in service on the part of the opposite party herein. Hence we answer this point (a) as against the complainants herein. 11. POINT NO : (b) In view of our findings on point (a), since, we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service on the part of the opposite party herein. We have also come to the conclusion that the complainant is not at all entitled to any relief asked for by him, in this complaint. Hence we answer this point (b) also as against the complainant herein. 12. In the result this complaint is dismissed. No costs. Dictated to the Steno-typist and transcribed by her, corrected and pronounced by the President, in Open Forum, this the 27th day of July 2011. MEMBER-I MEMBER-II PRESIDENT. List of Documents: Complainant’s Exhibits: Ex.A1- 10.2.03 - X-copy of Courier Receipt for Rs.600/- Ex.A2- 24.2.03 - X-copy of Delivery confirmation copy. Ex.A3- 21.2.03 - X-copy of Track Shipments Detailed Results. Ex.A4- 18.3.03 - X-copy of letter to the complainant. Ex.A5- 7.3.03 - X-copy of PICPL Message. Opposite party’s Exhibits: .. Nil .. MEMBER-I MEMBER-II PRESIDENT.
| | [ Hon'ble Tmt G.Malarvizhi, B.E] MEMBER[ Hon'ble Thiru A.Sampath, B.A., B.L] PRESIDENT[ Hon'ble Tr K.Dhayalamurthy, Bsc] MEMBER | | 
