BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 176/2012 Filed on 07.06.2012

Dated : 29.09.2012

Complainants :

1. Consumer Vigilance Centre, Sreekovil, Kodunganoor P.O, Thiruvananthapuram-695 013.

    

2. P.A. Subhash Bose, Athma Pushpam, Pushpasanu, Poovada, Naruvamoodu P.O, Thiruvananthapuram-695 020.

Opposite party :

M/s Ruby Cargo, (All India Door and Door Service), Opposite of Domestic Terminal, Airport, Vallakkadavu, Thiruvananthapuram-8.

This O.P having been heard on 18.09.2012, the Forum on 29.09.2012 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

2^nd complainant in this case Mr. Subhash Bose sent an automatic Bicycle for his father from Abudabi to Thiruvananthapuram through the opposite party, M/s Ruby Cargo, on 15.06.2010 in the name of his mother. Along with the cycle, he had also sent another box containing 25 blankets. The total charges for transporting these items he had paid 712 Dirham to the opposite party. At that time the addressee was residing at Kuravankonam. After 15 days the box containing blankets was delivered to his mother. But the box containing the cycle did not reach there. On enquiry the opposite party submitted that they will deliver the box immediately. But till date the parcel has not been delivered to the addressee even after two years elapsed. The complainant states that the price of the bicycle was Rs. 15,610/- at the time of purchasing it and he had also paid Rs. 8,008/- as cargo charges. By this complaint he claims these amounts with interest, compensation and costs.

Opposite party accepted the notice of this complaint, but never turned up to contest the case. Hence opposite party remained exparte.

Points to be ascertained are:-

1. Whether there is deficiency in service from the side of opposite party?

2. Whether the complainant is entitled to get the reliefs and costs?

Points (i) & (ii):- The 2^nd complainant had purchased an electric cycle from Abudabi for his father who is residing at Thiruvananthapuram. The price of E/Ex bike cum bicycle 16 in TR 160 at the time of purchase was 1115 Dirhams i.e; equivalent to Rs. 15,610/-. Ext. P1 is the copy of cash invoice. On 15.06.2010 he had sent the bicycle packed in one box and another box containing some blankets through opposite party's cargo to his mother's address in Thiruvananthapuram. Ext. P2 is the shipper's copy issued by the opposite party dated 15.06.2010. As per this document the complainant has paid 712 Dirhams as cargo charge. The box containing blankets was delivered to the addressee after 15 days. But till date i.e; after a long lapse of 2 years, the box containing the bicycle has not been delivered to the addressee. The complainant's case is that it is the duty of the opposite party to deliver the parcel with utmost care to the addressee. The opposite party obtained a huge amount for delivering the goods to the addressee. But the opposite party failed to deliver the parcel to the addressee and the act of the opposite party definitely amounts to deficiency in service. Hence the complainant is entitled to get the price, transporting charge and compensation from the opposite party for the lost parcel. To prove his case the complainant has filed proof affidavit and sufficient documents which were marked as Exts. P1 and P2. Even though the opposite party accepted the notice of this complaint, they never turned up to contest the case. The complainant in this case successfully proved his case beyond doubt. Hence the complaint is allowed.

In the result, the opposite party is directed to pay the price of the bicycle Rs. 15,610/- and the cargo charge of Rs. 8,008/- along with Rs. 8,000/- as compensation and costs to the 2^nd complainant. Time for compliance one month from the date of receipt of the order, failing which 9% annual interest shall be paid for the entire amount till the date of realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 29^th day of September 2012.

Sd/- BEENAKUMARI. A : MEMBER

Sd/-

G. SIVAPRASAD : PRESIDENT

Sd/-

S.K. SREELA : MEMBER

jb

C.C. No. 176/2012

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of cash invoice No. 19914 dated 05.06.2010 for

1,115/- Dhms. issued by LULU Xpress.

P2 - Copy of Shipper's Copy No. 14406 for Rs. 712/-.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

Sd/-

PRESIDENT

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