order dated 08/07/2009<br /> <br /> O R D E R<br /> <br /> M.R. DEVAPPA, PRESIDENT<br /> <br /> The case of the complainant briefly stated is as follows;<br /> <br /> 1. That the complainant is a grower of Anthurium flowers and is a consumer.<br /> <br /> 2. That Shri Sai Transport and Courier Pvt. Limited is a concern which transports the goods from one place to another through KSRTC Bus and the 1st opposite party is a Corporate Office and 2nd opposite party is the head office of Shri Sai Transport and Courier Pvt. Ltd. The 3rd opposite party is the branch of 1st opposite party working at Madikeri under 1st and 2nd opposite party.<br /> <br /> 3. That on 29-4-2009 the complainant had sent a box of Anthurium flowers to Miss. Geetha Muni of Mumbai through 3rd opposite party on the assurance given by the 3rd opposite party that the afore said box would be delivered to Miss Geetha on 2-5-2009 by 12 noon by KSRTC Bus. The 3rd opposite party has issued receipt dated 29-04-2009 for the said transaction to the complainant and the complainant had written the address, phone number and mobile number of said Geetha Muni over the said box and the 3rd opposite party assured that as soon as the parcel reaches Bombay the office people at Bombay would contact Miss Geetha to collect the box, but the said Miss Geetha Muni waited at Mumbai on 02-05-2009 from 11-30 a.m. to 5 p.m., but as assured by the 3rd opposite party the parcel was not delivered to her on the said date and time.<br /> <br /> 4. That the complainant rang up to the 3rd opposite party and enquired about non delivery of the afore said box, but the 3rd opposite party gave irresponsible and vague reply and then the complainant contacted the 1st opposite party over phone who assured that they would trace the box and promised to inform the complainant about it, but 1st opposite party also failed to discharge his obligation.<br /> <br /> 5. That the value of Anthurium flowers in the afore said box is Rs.10,000/- and therefore, due to non delivery of afore said box on the said date the complainant suffered a loss to the tune of Rs.10,000/- and even the business tie up with Miss Geetha Muni suffered a set back due to deficiency in service on the part of O.P 1 to 3.<br /> <br /> 6. That the complainant has also undergone mental agony and hardship and as such he is entitled for not only Rs.10,000./- being the value of Anthurium flowers and also Rs.50,000/- loss and has spent Rs.5,000/- towards the expenditure for approaching the Forum.<br /> <br /> 7. That the complainant explaining everything issued registered legal notice dated 15-05-2009 to all the opposite parties demanding the above said amount, but despite legal notice served on O.P 1 to 3 they have neither replied to the said notice nor complied the request of the complainant and therefore the complainant has approached this Forum and sought for the flowing relief ;<br /> <br /> a) Directing the opposite parties jointly and severally liable to pay a sum of Rs.10,000/- to the complainant with interest at the rate of 15% per annum from 29-04-2009 till the date of payment;<br /> <br /> b) Directing the opposite parties jointly and severally liable to pay a sum of Rs.50,000/- to the complainant towards mental agony and hardship suffered by the complainant due to their deficiency in service;<br /> <br /> c) Directing the opposite parties to pay a sum of Rs.5,000/- to the complainant towards the costs of this proceedings;<br /> <br /> 8. The complainant has filed, receipt for booking the parcel and the copy of the notice issued to opposite party no.1 to 3 and the acknowledgement thereon, before the Forum.<br /> <br /> 9. Upon admitting the complaint notice was ordered to be sent to O.P no.1 to 3 and the said notices were served on all the O.Ps but they remained absent when called twice in the open Forum. They have not assigned any genuine and valid reasons for their absence, as such they were placed exparte and the complainant took time to file his affidavit evidence in lieu of examination in chief and today he has filed the same and prayed for granting all the relief sought in the complaint. <br /> <br /> 10. The opposite parties have not taken any defence by being present in the Forum on the date fixed for their appearance and as such the evidence of the complainant has remained unchallenged and unrebutted. <br /> <br /> 11. Having regard to the averments made in the complaint and the documents relied on by him the following issues arise for determination;<br /> <br /> 1. Whether the opposite party no.1 to 3 have committed any deficiency in service on their part in the matter of non delivery of the parcel entrusted to them?<br /> <br /> 2. To what order?<br /> <br /> R E A S O N S<br /> <br /> 12. The complainant has submitted his affidavit evidence in lieu of examination in chief and explained as to how the opposite party no.1 to 3 being jointly and severally responsible to discharge their obligation and later have failed to do and also relied on the receipt for entrusting the parcel to O.P 3 to deliver the parcel to the addressee namely Miss Geetha Muni. The opposite parties having taken the notice from the Forum ought to have been present and should have taken definite stand either accepting the case of the complainant or denying the allegation made by the complainant against them, but they have failed to do so and therefore we have no other choice except to accept the case of the complainant and there are no strong reasons to reject a case of the complainant. The complainant has placed required materials by filing his affidavit evidence; has clearly established his case against the opposite parties and therefore we answer point no.1 positively holding that the opposite party no.1 to 3 have committed deficiency in service in the matter of non delivery of parcel to the addressee and proceed to pass the following order.<br /> <br /> O R D E R<br /> <br /> The complaint is allowed. The opposite parties No.1 to 3 are jointly and severally are liable to pay the value of Anthurium flowers which were sent through parcel to the addressee, value being Rs.10,000/- and Rs.1,000/- towards the compensation as the complainant being put to mental agony and hardship and for having made the complainant to incur expenditure to approach the Forum, the opposite parties are liable to pay Rs.500/- towards the cost of proceedings to the complainant. Thus in all O.P 1 to 3 are liable to pay Rs.11,500/- and as such they are hereby directed to pay the same to the complainant.<br /> <br /> The above order shall be complied within sixty days from the date of receipt of this order by the opposite parties.<br /> <br /> Communicate the order to the parties.<br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the open Forum on this 08th day of July 2009.<br /> <br /> <br /> (M.R. DEVAPPA), (K.S. PRASAD), (A.S. HEMALATHA),<br /> PRESIDENT MEMBER MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />