Kerala

Kasaragod

CC/13/161

Damodharan Nambiar.T.V. - Complainant(s)

Versus

Proprietr, Professional Courier - Opp.Party(s)

31 Jul 2014

ORDER

                                                                     Date of filing    :  01-07-2013

                                                                     Date of order   :  31-07-2014

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                             CC.161/2013

                      Dated this, the   31^st   day of   July   2014

PRESENT:

SMT.P.RAMADEVI                                         : PRESIDENT

SMT.K.G.BEENA                                          : MEMBER

SMT.SHIBA.M.SAMUEL                               : MEMBER

 

Damodharan Nambiar.T.V,                                                : Complainant

S/o. Krishnan Nambiar,

Vice President,

Bakery District Committee,

M/s.Ashwathi Sweet Stall, Nileshwaram,

Kasaragod.Dt. 671314

 

Proprietor,                                                                  : Opposite party

Professional Courier, Nileshwaram Branch,

City Centre, Raja Road,

Nileshwaram. 671314, Kasaragod.Dt.

(Adv.A.M.Abdul Jamal, Kasaragod)

 

                                                               O R D E R

SMT.SHIBA.M.SAMUEL, MEMBER

 

            The case of the complainant is that he is conducting backery business  by name Aswathy Sweet Stall having its business at Nileshwar and he is the vice president of Bakers Association formed for the interest of people dealing similar items.  Bakers Association Kerala  conducted a bakers meet at Ernakulam, having its venue on 22-01-2013 at Ernakulam, inviting the complainant and other s in the auspicious occasion.  Association had sent an invitation letter to the complainant.  But the opposite party negligently withheld the invitation and thereby the complainant could not attend the meeting and because of that some disciplinary action were taken against the complainant by the State Association which resulted in great mental agony and pain to the complainant. Hence the complaint.

2.         Notice to opposite party was served and Adv.A.M.Abdul Jamal filed vakalath and version for the opposite party.  In the version opposite party raised a contention that the complainant is not a consumer under opposite party.  The complainant and opposite party have no consumer relationship.  Neither the complainant nor Bakers meet booked any consignment to the opposite party to deliver to the complainant and there was no agreement  with the complainant to supply the alleged invitation and hence the complaint is liable to be dismissed.

3.         Complainant was examined as PW1 and documents were carefully perused.  While going through Ext.A11 that is the credit booking details of Professional Couriers booked by Bakers Association, Kochi disclose the fact that as per receipt No.40380201dated 16-01-2013 was sent infavour of Sri.T.V.Damodaran Nambiar, but the destination is clearly shows that it was sent to Aluva which means the consignment was not sent to the opposite party herein and there is no contractual relationship with the opposite party herein and hence the complainant cannot attribute negligence on the part of the opposite party.  Therefore the complaint is dismissed without cost.

 

MEMBER                                                             MEMBER                                                             PRESIDENT

Exts.

A1.01-12-2012 Retail Invoice.

A2. Photocopy of  rent receipt

A3.Tax receipt

A4.Photocopy of Program notice

A5 to A7 covers sent by Bakers Association Kerala State Committee to  complainant

A8. 29-1-2013 copy of lawyer notice.

A9. Copy of  Postal acknowledgement card

A10. 22-10-13 Invitation letter

A11. Photocopy of booking details Professional Couriers

A12. Bakers Meet Invitation

A13. Plastic cover of Professional Couriers

A14. Bank receipt of SBT. Branch Nileshwar

PW1. T.V.Damodharan Nambiar.

 

 

MEMBER                                                             MEMBER                                                             PRESIDENT

Pj/