This complaint is filed by Kanhirandy Textiles,  Sulthan Bathery Post,  Sulthan Bathery Village,  Sulthan Bathery Taluk,  Wayanad District- 673 592,    Mr. Salaludeen,  aged 54 years,  S/o. Moidu,  Mangalath house against  (1)  Rangoli Life Style,  Radhakrishna Textile Market, Ring Road,  Surat- 395 002 , Rep by its Manager.  (2)  Alleppey Parcel Services,  L-1,  Bharat Transport Nagar,  Bhathena Road,  Udhna,  Surat,  394210, Gujarat, Rep by its Manager,   (3)  Alleppey Parcel Services,  Building No.987C,  Kaipanchery Road,  Chungam,  Sulthan Bathery,  Rep by its Manager.  The Complainant is a firm doing  textile business.  The subject  matter of the Complainant is that the Manager of the Complainant ordered  some materials for his own use and for  his two friends.  The  1^st  Opposite Party is the seller and  2^nd and 3^rd  Opposite Parties are parcel services.

          2. The gist of the  complaint is that  the Complainant had  purchased garments worth Rs.44,100/-  from  the 1^st  Opposite Party on 12.11.2021 for a marriage  on 27.11.2021  expecting  delivery on 23.11.2021 and made  the payment on 16.11.2021.  It was told by the  1^st  Opposite Party to the Complainant that  the garments were sent through the 2^nd Opposite Party on 18.11.2021.  Therefore the Complainant enquired  with the 2^nd  Opposite Party and it was told that the parcel was dispatched to Kumbla on 21.11.2021 and will  transferred  to Sulthan Bathery and the Complainant states that thereafter no information were available.  Therefore  the Complainant contacted the 3^rd  Opposite Party requesting for the parcel and they offered the paid amount with loss and interest but they have not paid the amount yet.

3.  The Complainant  states  that  the  articles  are permanently lost from the

possession of   2^nd and 3^rd  Opposite Parties hence   2^nd and 3^rd  Opposite Parties are responsible for the loss sustained and hence the complaint.

          4. Upon notice 1^st  Opposite Party  entered into appearance  and filed their written version.   Since  2^nd and 3^rd  had not filed  their version within the stipulated period  2^nd and 3^rd  Opposite Parties are set exparte.  1^st  Opposite Party in their version, stated  that they have  supplied garments worth Rs.44,100/-  were sent through the 2^nd  Opposite Party on 18.11.2021 as per the request of the Complainant.  It is stated by 1^st Opposite Party that they are not responsible for the loss if any sustained to the Complainant since  1^st  Opposite Party chose  2^nd  Opposite Party as per  the direction of the Complainant.

          5. Evidence  in this case consists of Exts.A1 to A3 from the side of the Complainant.  Ext.A1 goes to show  that the Complainant had purchased some materials from the  1^st  Opposite Party on 12.11.2021.  Ext.A2 goes to show that the 1^st  Opposite Party had booked some articles having value of Rs.44,100/-  for transmit from Surat to Sulthan Bathery and Ext.A3 is  an acknowledgment  with seal of Axis Bank Ltd  dated 16.11.2021.

          6. Following are the points to be analysed by this Commission to derive into an inference of the fact.

1. Whether the Complainant had sustained any deficiency of service or unfair trade practice from the side of the Opposite Parties?
2. If proved  the compensation and costs to be awarded to the Complainant.

7.  Heard the counsels appearing for  both sides and perused the allegation in the

complaint, contention in the version and the documents produced.

          8. The specific case of the Complainant is that the 1^st  Opposite Party sent  the articles to the Complainant through the 2^nd  Opposite  Party on 18.11.2021 and  the 2^nd  Opposite  Party informed that the parcel  was dispatched to Kumbla on 21.11.2021 and the same will be transshipped to the destination of the Complainant.  The  1^st  Opposite Party in their version admitted that they have  supplied garments worth Rs.44,100/-  and were sent through the 2^nd  Opposite Party on 18.11.2021 as per request of the Complainant.  According to them they are not responsible for the loss if any happened during the  transit.

          9. Since  2^nd and 3^rd  Opposite Parties had not filed version in time and conducted the case,  the averments in the complaint along with details of documents were verified to come to  a conclusion.

          10. The Complainant had produced  Ext.A1 regarding the purchase of the articles worth Rs.44,100/-  and Ext.A2 the booking  details of the articles worth Rs.44,000/-  which are not denied by  1^st  Opposite Party.  Since the  1^st  Opposite Party  has agreed that they have sent the articles through the  2^nd  Opposite Party to the Complainant and also since the bill  is produced by the Complainant to that effect,  the argument of the Complainant  that he had placed  an order to 1^st  Opposite Party  and  1^st  Opposite Party had sent  the consignment to the Complainant  is seems to be correct.  Here after the  2^nd and 3^rd Opposite parties are responsible to answer the wareabouts of the articles and they did not contested the case.  Since  1^st  Opposite Party has no responsibility with reference to  the loss  of articles during  transit,  1^st  Opposite Party  is exonerated from  the liability. 

          11.  Considering the facts and circumstances of the case and also  considering the available  records and evidences,  the Commission found that the Complainant had proved  point No.1  in his favour  and  passed the following order.

1.  2^nd and 3^rd  Opposite Parties are directed to pay Rs.44,100/-  (Rupees Forty Four thousand and One hundred only) being the cost of articles with 6% interest to the Complainant.
2. 2^nd and 3^rd  Opposite Parties are directed to pay Rs.839/-  (Rupees Eight hundred and Thirty Nine only) being the booking charges of the articles.
3. The 2^nd and 3^rd  Opposite Parties are also liable to pay an amount of Rs.10,000/- (Rupees Ten thousand only)  towards compensation and Rs.5,000/-  (Rupees Five thousand only) towards  cost of the proceedings.

2^nd and 3^rd  Opposite Parties  are jointly and severally liable for the above ordered

amount and needless to say that the amounts shall be paid to the Complainant within  30 days  of receipt of copy of the order  other wise  2^nd  and 3^rd  Opposite Parties  will be liable to pay interest at the rate of 6% except for the amount awarded as costs.

          Hence CC is partly allowed.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 23^rd   day of February 2024.

          Date of filing:20.08.2022.

                                                                                      PRESIDENT    :   Sd/-

                                                                                       MEMBER        :   Sd/-

APPENDIX.

Witness for the Complainant:

PW1.          Salahuddeen. V.             Manager  Kanhirandy.                                  

Witness for the Opposite Parties:

Nil.

Exhibits  for the Complainant:

A1.      Copy of Tax Invoice.               dt:12.11.2021.

A2.      Booking Slip.                          dt:18.11.2021.

A3.      Acknowledgement to customer. dt:16.11.2021.           

Exhibit for the Opposite Parties:

Nil.

                                                                                                PRESIDENT:  Sd/-

                                                                                                MEMBER    :   Sd/-