Complaints filed on: 17-05-2022
Disposed on:15-12-2022
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 15TH DAY OF DECEMBER, 2022
P R E S E N T
SMT.G.T.VIJAYALAKSHMI, B.Com, L.L.M, PRESIDENT
SRI.KUMARA.N, B.Sc., L.L.B, MEMBER
SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER
CONSUMER COMPLAINT No. 96 OF 2022
Kiran Hosur Bobbanna, Major,
R/at 690/31, 4th A Cross, Sanjeevini
Park Road, Maruthi Nagar,
Tumakuru City-572 102.
……….Complainant
(By Sri. Shivananda .C., Adv.,)
V/s
Sri. Somashekar
M/s SOM enterprises,
No.56/27, 8th E-main,
Jayanagar, 4th Block,
Opposite Jain Temple,
Bengaluru-560 011.
(Notice to OP unclaimed, hence
deemed to be served)
:O R D E R :
BY SMT.NIVEDITA RAVISH - LADY MEMBER
This complaint was filed by the complainant U/s 35 of the Consumer Protection Act 2019 to direct the Opposite Party (hereinafter called as OP) to pay the value of the statute of Rs.24,846/- cost of Rs.20,000/- towards obtaining non antiquity certificate, Rs.37,000/- towards courier charges paid by the complainant and further prayed to direct the OP to pay a sum of Rs.5,00,000/- towards the mental agony and mental torture for negligent act of OP with interest @ 18% PA from the date of courier.
2. The brief facts of the case is that, the complainant had purchased one brass metal Nataraja Statue at M/s Mahadeva Handi Craft on 08/10/2020 by paying a sum of Rs.24,864/- and approached the OP to transport the above said article to the daughter in law Manju Benakankere who is residing at USA. The OP has subjected the complainant to produce non-antiquity certificate by getting the same from Archeological survey of India, Bangalore, then only the OP has undertaken to send the said stature. The complainant has obtained the said certificate by spending Rs.20,000/- towards expenses and also spent more than 3 to 4 months his valuable time while getting the said certificate which is mandatory one for transportation as per the direction of OP. The OP has charged Rs.20,000/- on 22.02.2021 for packing and transport charges. Further, the complainant had paid a sum of Rs.17,000/- on 23.02.2021 through his bank account maintained in ICICI Bank, Tumakuru Branch to OPs bank account No.08220/0000/00/64 maintained at Development Credit bank, Bangalore through IMPS. The OP has sent the said statue to the address of Daughter in-law of the complainant to USA through M/s Fedex Courier under waybill No.955165456564 on 24.02.2021. The courier boy was kept the said statue in front of the house of said Manju Benakankere on 01.03.2021 and the daughter in law of the complainant opened the courier and noticed that the said statue was completely broken. The daughter in law of the complainant approached the M/s Fedex Courier, but the said courier authorities were replied that the statue was broken due to negligent act of the OP. The complainant has approached personally to the OP, but the OP has denied that the damages caused by his negligence. The OP has shown his deficiency in service by not packing the article sent by the complainant properly. The complainant got issued legal notice on 19.04.2021, but the OP has not received the same and showing their negligent act. Hence, this complaint.
3. After sufficient service of the notice by this Commission, the OP has not appeared before this Commission and remained absent.
4. The complainant has filed his affidavit evidence with eleven documents, where are marked as Ex.P1 to P11.
5. We have heard the arguments of complainant and points that would arise for our determination are as under:-
- Whether the complainant proves deficiency in service on the part of OP?
- Is complainant is entitled to the relief sought for?
- Our findings on the aforesaid points are as under:
Point No.1: In the Affirmative
Point No.2: As per final order for the below
:R E A S O N S:
7. The complainant has submitted that he has purchased one brass metal Nataraja Statue by paying Rs.24,864/- to send it to his daughter-in-law by name Manju Benakankere who is residing at USA, which was sent through OP by M/s Fedex Courier bill No.955165456564 on 24.02.2021. To prove the same, the complainant has produced Ex.P2, Ex.P5, Ex.P2/copy of the Fedex Courier copy reflecting the details of courier bill number as 955165456564, DESCI as BRASS NATARAJA STATUE, CUSTOMS VALUE:24864 UO INR. The Ex.P2 is reflecting the name of the complaint in the column of sender and name of one Manju Benakanakere and her address as 38 INDEPENDENCE PL CHESTERBROOK, PA 19087 UNITED STATES US is reflecting in where the said Nataraja statue was sent.
8. Further, the complainant has submitted that the OP/Enterprises has received Rs.20,000/- on 22.02.2021 and Rs.17,000/- on 23.03.2021 for the packing and transportation charges. Further, the complainant has submitted that he has paid respective amounts on respective dates through his bank account maintained in ICICI Bank, Tumakuru Branch, to the OP enterprises bank account No.08220/0000/00/64 maintained at Development credit bank, Bangalore through IMPS. Ex.P11/copy of bank account statement of the complaint and Ex.P5/receipt of the courier are being revealed that, the complainant has paid the total amount of Rs.37,000/- to the OP.
9. Further, the complainant has argued that the OP has sent the said Brass Nataraja statue through M/s Fedex courier on 24.02.2021 to the address of one Manju Benakankere who is residing at USA and reached to Manju Benakankere on 01.03.2021. The Manju Benakankere shocked when she noticed that the said statue was completely broken. Ex.P6/copy of claim form of Fedex filed by the complainant is reflecting the ship date as 02/25/2021. This document also reflecting the damaged article was “Brass Nataraja idol – Religious god” and column of describe damage to contents is reflecting as “Broken into pieces unusable”. Further, Ex.P6 is reveals the date:03/01/2021 i.e. date when the statue reached to the Manju Benakankakere. The complainant has also produced the Ex.P1 copy of the photo of broken Nataraja Statue to prove his submission. The counsel for complainant submitted that when the complainant has approached the OP enterprises to enquire about negligent act of the OP, while packing of the statue the OP has rejected to take any responsibility on his shoulder. Further the complainant submitted that the complainant has got issued legal notice to the OP on 19/04/2021 which was return with endorsement of postal authority as “addressee left” Ex.P8 proves the same. Further, counsel for the complainant has argued that, the OP has residing on the same address even today. To prove the same the complainant has produced Ex.P9/copy of receipt dated:19.07.2021 and Ex.P10/copy of the courier tracking, which are revealed that the notice was delivered to the OP on 22/07/2022 through courier. Even though the notice served to the OP/Enterprises, has not complied with the complainant. This negligent act of the OP amounts to deficiency in service on the part of the OP.
10. Counsel for the complainant has argued that the OP enterprises has been doing international courier service and transport business and OP enterprises has shown their negligent act when packing the brass Nataraja statue and which caused damage to the said statue. When the OP has been doing the business of transport of goods with receiving charges of packing and transport of the goods through courier, it is the bounden duty of the OP to look after the safety and security of the articles or goods while packing and transporting. The OP shows the negligent act in this case. Hence, the OP/Enterprises is liable to pay the packing and transport charges of Rs.20,000/- received on 22.02.2021 and Rs.17,000/- received on 23.02.2021 by the OP. The complainant has purchased the brass Nataraja statue by paying Rs.24,864/- which was his hard earned money and same was broken by the negligent act of the OP. Hence, the OP is liable to pay Rs.24,864/- to the complainant. Further, the complainant has prayed to direct the OP to pay a sum of Rs.20,000/- which was spent by the complainant for obtaining non-antiquity certificate. But Ex.P3/copy of the application form for antiquity certificate and Ex.P4/copy of the non antiquity certificate issued by the Archeological Survey of India dated:12.02.2021, produced by the complainant are not showing any amount which was paid by the complainant. Hence, same was not considered. Further the complainant has prayed for interest @ 18% on the total amount prayed by him. But it is on the higher side. Hence, the complainant is entitled for the interest @ 8% PA on total amount of Rs.43,864/- i.e. Rs.20,000/- + 17,000/- (packing and transport charges) + Rs.24,864/- (purchasing charges of brass Nataraja statue) from 01.03.2021 i.e. date of receiving the broken Brass Nataraja statue by Manju Benakankere in USA.
11. Further, the complainant has prayed for Rs.5,00,000/- towards mental agony and mental torture caused by the OP/Enterprises. But the complainant has not produced any document to show that he has entitled for Rs.5,00,000/- towards mental agony and mental torture. But we have consider the mental agony of the complainant when statue of Hindu god has been broken. In Hindus, it is believed that as APASHAKUNA, when the statue of god was broken, it hurts religious sentiments of the complainant. Hence, considering the same, we direct the OP to pay the compensation of Rs.5,000/- towards mental agony suffered by the complainant and OP/Enterprises has compelled the complainant to approach this Commission. For that, the OP is liable to pay litigation cost of Rs.10,000/- to the complainant. Accordingly, we pass the following:-
:O R D E R:
The complaint filed by the complainant is allowed in part with cost.
The OP/Enterprises is directed to pay Rs.43,864/- to the complainant with interest @ 8% PA from 01.03.2021 to till realization.
It is further ordered that the OP/Enterprises is liable to pay compensation of Rs.5,000/- and litigation cost of Rs.10,000/- towards the complainant.
Further, the OP/Enterprises is directed to comply the above order within 45 days from the date of receipt/knowledge of this order.
Furnish copy of this order to both parties free of costs immediately.
