DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Friday the 21st day of October 2022
C.C. 87/2022
Complainant
Sathyan. K. K,
Kaniyamkandy House,
Karuvannur P.O,
Naduvannur,
Kozhikode District - 673614.
Opposite Party
Suresh,
DTDC Express Ltd.,
OF 839, Perambra,
PIN – 673525.
(By Adv. Sri. T. P. Jayakumar )
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 17/03/2022 the complainant sent a parcel by speed post to his daughter, who was studying in a nursing college at Manglore. The charges paid to the opposite party for the same was Rs. 250/-. It was assured by the opposite party that the parcel would reach the college within two days. The parcel contained dress items needed for his daughter in connection with the flag off ceremony in the college. But the parcel did not reach there even after five days. Since the parcel did not reach in time, he was put to severe mental agony and monetary loss. Another dress had to be arranged for the ceremony. Hence the complaint seeking compensation of Rs. 10,000/- from the opposite party.
- The opposite party, though entered appearance, did not file version within the prescribed time. He was set ex-parte.
- The points that arise for determination in this case are :
- Whether there was any deficiency of service on the part of the opposite party?
- Reliefs and costs
- The complainant was examined as PW 1. Exts. A1 and A2 were marked.
- Heard.
- Point No.1 – The complainant is seeking compensation to the tune of Rs. 10,000/- from the opposite party alleging deficiency of service. The specific allegation is that the parcel sent by him through the opposite party did not reach the destination in time due to deficiency of service on the part of the opposite party.
- The complainant, who was examined as PW1, has deposed in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the receipt issued by the opposite party and Ext A2 is the copy of the photograph taken on mobile.
- It is averred in the affidavit of PW1 that on 17/03/2022 he sent a parcel containing dress materials to his daughter who was studying in a nursing college at Manglore. The parcel was sent through the opposite party paying Rs.250/- as charges as per Ext. A1. The opposite party had agreed to deliver the parcel within two days. But the parcel did not reach the destination even after five days. Even though the opposite party was contacted, there was no positive response. The parcel contained dress items required by his daughter for the flag off ceremony in the college. Since the parcel did not reach in time, another dress had to be arranged. PW1 has stated that he was put to mental agony and hardship besides monetary loss due to the irresponsible attitude and conduct of the opposite party.
- The evidence of PW1 stands unchallenged. The opposite party did not turn up to give their version in time. Nothing is produced by the opposite party to show that the parcel was delivered in time. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. Delay itself constitutes deficiency in service. The complainant’s case stands proved through the testimony of PW1 and Exts. A1 and A2. Deficiency of service on the part of the opposite party stands proved. The act of the opposite party has resulted in mental agony and hardship to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs.2,500/- will be reasonable compensation in this case.
- Point No.2 : In the light of the finding on the above point, the complaint is disposed of as follows:
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- The opposite party is hereby directed to pay a sum of Rs.2,500/- (Rupees Two thousand five hundred only) to the complainant as compensation for the inconvenience and mental agony suffered.
- The order shall be complied with within 30 days of the receipt of copy of this order.
d) No order as to costs.
Pronounced in open Commission on this the 21stday of October2022.
Date of Filing: 01/04/2022
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PRESIDENT
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MEMBER
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MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 – Copy of the receipt issued by the opposite party.
Ext. A2 – Copy of the photograph taken on mobile.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 – Sathyan. K. K (Complainant)
Witnesses for the opposite parties
Nil.
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PRESIDENT
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MEMBER
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MEMBER
Forwarded/ By Order
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Assistant Registrar
