Complaints filed on: 01-06-2023
Disposed on: 25-08-2023
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE DAY 25th DAY OF AUGUST 2023
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER
CC.No.62/2023
Sri. M.N.Somashekar Gupta
A/a 60 years, S/o Late M.C.Nanjundasetty,
R/of Santrupti, East Park Road,
CSI Layout, Tumakuru, Karnataka.
……….Complainant
(By Sri. N.Basavaraju, Advocate)
V/s
Sahana .S – Managing Partner,
The Index Enterprises, 837,
South End Road,
Opp. Kamala Neharu School,
Basavanagudi, Bengaluru-560 004,
Karnataka.
……….Opposite Party
(Served – Absent)
:ORDER:
BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT
The complainant filed this complaint U/s 35 of the C.P. Act alleging deficiency in service against the OP with a prayer to direct the OP to pay the cost of material items i.e. food items and baby cloths worth Rs.7,000-00 and transportation charges of Rs.13,175-00 collected by the OP and to pay Rs.25,000-00 towards mental agony for deficiency in service.
2. The brief facts of the complaint are as under:-
The complainant approached the OP who is authorised dealer for DTC, FedEX, DHL, Professional and Blue dart couriers services having huge reputation throughout Karnataka to send food items and few new cloths of his granddaughter to the address of his son-in-law who resides at Mexico queretaro, Mexico, for which the OP has collected Rs.,13,175/- and assured that gods will reach its destiny within four days. The complainant further submitted that even after 25 days, the food items and clots does not reach the address of his son-in-law and when asked, the OP assured that the items will deliver shortly. Hence, the complainant issued legal notice to the OP calling upon the OP to pay cost of the material and compensation of Rs.25,000/- along with transportation charges collected by the complainant. But in spite of receipt of legal notice neither the OP paid the amount nor replied. Hence, the complaint.
3. The OP failed to appear before this Commission in spite of receipt of commission notice.
4. The complainant has filed his affidavit evidence and marked the documents at Ex.P1 to P6.
5. We have heard the arguments from complainant’s counsel. In spite of sufficient opportunities given to the OP, the OP did not turn-up.
6. On perusal of complaint, affidavit and documents produced by the complainant, the points that would arise for our consideration are:
- Whether there is any deficiency in service on the part of OP?
- Whether complainant is entitled for reliefs sought for?
7. Our findings to the aforesaid points are as under:
Point No.1: Partly in the Affirmative
Point No.2: As per the final order.
:REASONS:
8. To prove the complaint, the complainant submitted the documents and marked as Ex.P1 to P6. The Ex.P1 contains the OP address and contact number. Ex.P2 is the invoice issued by the OP and it shows the details of parcel, weight i.e., 15.5 K.G., amount Rs.13,175-00 with signature of OP. The Ex.P3 is proforma invoice dated:03.09.2021 and it shows the exporter and consignee address. This proforma invoice also contains details i.e. description of goods and the declared value of the goods at Rs.4,165-00. The Ex.P4 is the Legal notice dated:01.10.2021. The Ex.P5 and P6 is postal acknowledgments. As per Ex.P2 & P3, the complainant approached the OP to send food and new clothes of his Granddaughter to the Mexico address of his son-in-law. The OP has collected Rs.13,175-00 and assured that goods will reach its destiny within 4 days. But till today, the food items and cloths does not reach the Mexico address of his son-in-law. In spite of receipt of legal notice and this Commission notice, the OP failed to reply to the legal notice and failed to appear before this Commission. The OP collected Rs.13,175-00 for service, but failed to send the items to Mexico. It shows the negligence act of the OP and for this act of the OP, the complainant suffered. Moreover, the food items are preservative in nature. The purpose of sending the food items is defeated. Hence, the OP is liable to pay Rs.13,175/- collected by the complainant towards transportation charges and the value of food items i.e. declared value of Rs.4,165/-, totally Rs.17,340-00.
9. For the act of the OP, the complainant compelled to approach this Commission and also suffered mental agony. Hence, the OP is liable to pay Rs.5,000-00 as compensation and Rs.5,000-00 as litigation expenses. Accordingly, we pass the following:-
:ORDER:
The complaint filed by the complainant is allowed in part.
The OP is directed to pay Rs.17,340-00 to the complainant with interest @ 8% PA from 03.09.2021 to till realization.
The OP is also directed to pay Rs.5,000-00 as compensation and Rs.5,000-00 as litigation expenses to the complainant.
The OP is further directed to comply the above order within 45 days from the date of receipt/knowledge of the order.
Supply free copy of this order to both parties
