Date of Filing: 28-10-2013
Date of Disposal: 30-06-2014
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANANTHAPURAMU
PRESENT: - Sri S.Niranjan Babu, B.A., B.L., President (FAC).
Smt.M.Sreelatha, B.A., B.L., Lady Member.
Monday, the 30th day of June, 2014
C.C.NO.130/2013
Between:
D.Azhar Khan, minor
rep. by natural guardian
father D.Ayub Khan
S/o D.Ibrahim Khan
D.No.12-2-168, Bellary Road
Rayadurg
Ananthapuramu District. …. Complainant.
Vs.
- The Branch Manager
Professional Couriers
Mandi Road,
Rayadurg
Ananthapuramu District.
- The General Manager,
Head Office, Professional Couriers,
Srirama Towers C2, Opp: SBH Bank,
Miyapur X Roads,Opp: State Bank of India
Hyderabad – 500 049.….Opposite Parties
This case coming on this day for final hearing before us in the presence of Sri Mohammad Hafeezullah, advocate for the complainant and the opposite parties 1 & 2 called absent and set-exparte and after perusing the material papers on record and after hearing the arguments on complainant’s side, the Forum delivered the following:
O R D E R
Smt.M.Sreelatha, Lady Member: - This complaint has been filed by the complainant under section 12 of Consumer Protection Act, 1986 against the opposite parties 1 & 2 claiming a sum of Rs.94,000/- towards mental agony and Rs.5,000/- towards cost of litigation and grant such other relief or reliefs.
2. The brief facts are that:- The complainant completed Bi.P.C. and secured 961 marks for 1000 in Intermediate. On 30-03-2013 the complainant applied to appear medical entrance in Karnataka Religious and Linguistic Minority Professional Association, Bangalore through 1st opposite party and the examination will be held on 25-05-2013 enclosing the demand draft for Rs.1,000/- in favour of KRLMPCA, Bangalore. When the complainant enquired 10 days before commencement of the entrance examination, KRLMPCA, Bangalore informed that they have not received any application from the complainant. As such the complainant lost an opportunity of entrance examination and the complainant spent nearly Rs.70,000/- to Rs.80,000/- towards coaching and other expenses. Immediately the complainant enquired about the consignment with the 1st opposite party, but the 1st opposite party has not given proper response and answers, which are irrelevant. The complainant number of times approached the 1st opposite party to know whereabouts of the consignment, but the 1st opposite party has not properly replied to the complainant. Then the complainant traced for tracking in internet and it is showing shipment carrier does not have the tracking information in their system yet. This is negligence and unfair trade practice on the part of the opposite parties. Due to it the complainant suffered financial loss and mental torture and the acts of the opposite parties are not to be considered and inexcusable in the eye of law. The complainant also stated that for his no fault, he has to wait for one more year to join in medicines. It clearly shows that there is deficiency of service on the part of the opposite parties 1 & 2 and the complainant is entitled an amount of Rs.94,000/- towards mental agony and Rs.5,000/- towards costs of the complaint.
3. The opposite parties 1 & 2 are called absent and set-exparte.
4. On considering the above pleadings, the following points that arise for consideration are:
1. Whether there is any deficiency of service on the part of the opposite
Parties 1 & 2?
2. To what relief?
5. To prove the case of the complainant, the evidence on affidavit of the complainant has been filed marked Exs.A1 to A6 documents
6. Heard on complainant’s side.
7. POINT NO.1 – The counsel for the complainant argued that the complainant is a minor at the time of filing the complaint and represented by his father by name D.Ayub Khan. The counsel for the complainant argued that the complainant is a meritorious student and he got 961 marks in Intermediate for 1000. The complainant intended to appear for medical entrance examination, which was conducted by the Karnataka Religious and Linguistic Minority Professional Association, Bangalore. The complainant applied for medical entrance through the 1st opposite party on 30-03-2013. Alongwith application the complainant enclosed demand draft for Rs.1,000/- and the same was sent through the 1st opposite party to K.R.L.M.P.C.A., Bangalore. The counsel for the complainant also argued that entrance examination will be held on 25-05-2013. When the complainant has not received Hall Ticket, he enquired 10 days before the examination through K.R.L.M.P.C.A. about his application. K.R.L.M.P.C.A. informed that they have not received any application. Then the complainant requested the 1st opposite party to explain what happened his consignment but the 1st opposite party has not given proper and relevant answers to the complainant. Then the complainant enquired the same through internet and it is showing shipment carrier does not have the tracking information in their system yet. These are all clearly show the negligent act of the opposite parties. For the acts of the opposite parties, the complainant lost one year to his studies and due to it he suffered financial loss and mental agony though the complainant has taken coaching in Vijayawada for this examination and the complainant lost to join in medicines due to the acts of the opposite parties 1 & 2. Hence the complainant entitled the amount of Rs.94,000/- towards mental agony and Rs.5,000/- towards costs.
8. As per Ex.A4 the complainant’s son by name D.Azhar Khan is minor and he completed intermediate under Ex.A3. The above said Azhar Khan applied for Medical Entrance, which was conducted by Karnataka Religious and Linguistic Minority Professional Association, Bangalore and the application was sent to the above said association along-with demand draft for Rs.1,000/- under Ex.A2 through 1st opposite party on 30-03-2013 under Ex.A1. No document filed by the complainant to show the above examination was to be held on 25-05-2013. The complainant stated that prior to 10 days of examination he enquired about his hall ticket, then the people of Karnataka Religious and Linguistic Minority Professional Association (KRLMPCA), Bangalore informed that no application was received by them from Azhar Khan. It is stated in the complaint that they enquired the same with the 1st opposite party and the 1st opposite party has not properly responded for this the complainant has not filed any document to show that he made enquiries to the 1st opposite party. The complainant stated that when the opposite parties failed to respond properly then he traced for tracking in the internet and which showed that shipment carrier does not have the tracking information in their system. For this also the complainant has not filed any document to show that shipment was not available.
9. When the 1st opposite party has not turned up to defend his case, we are relying on the documents and statement submitted by the complainant. The complainant stated that due to irregular and negligent act of the opposite parties, he has lost academic year of one year. If the application reached to K.R.L.M.P.C.A he might have appeared for examination and got good rank. We are not believing the version made by the complainant that due to non-delivery of consignment to K.R.L.M.P.C.A., he lost one year because no student will apply to one College that too Bi.P.C. student. Medical seats are very limited. Generally the students of Bi.P.C. used to apply for more than one college for the entrance examination as chances are very less to get rank in medicines. We are not of the opinion to criticize the ability of the complainant. We are considering the general phenomena.
10. Considering the arguments advanced by the counsel for the complainant that if the application reached to K.R.L.M.P.C.A the complainant ought to have got good rank and got good seat in the above said College because the complainant got 961 marks for 1000 and the complainant belongs to minority community (Muslim student) and the above said K.R.L.M.P.C.A. is also for minority students. We are of the opinion that act of the 1st opposite party is negligent as the 1st opposite party ought to have taken reasonable care that the consignment containing the application. Due to negligent act of the 1st opposite party the complainant has suffered lot of mental agony as he lost one chance to get medical seat. The opposite parties 1 & 2 should have taken reasonable care when the students opted to send their applications through courier service by believing good faith that the opposite parties will definitely deliver the application to the concerned department. Generally Courier Services are acting very negligently in disbursing the consignments to the addressee. Not only the present courier service, the opposite parties of the courier center acting very negligently. The people used to send consignment through courier service as the delivery of the consignment reach within short time to the addressee that too with reasonable charges when compared to postal department. But the courier service are not taking that much responsibility as believed by the public.
11. In the present case due to negligent and irresponsible attitude, the opposite parties have not delivered the consignment to the consignee. Due to the act of the opposite parties, the complainant has lost his opportunity to get medical seat. The complainant stated that for coaching he spent nearly an amount of Rs.70,000/- and the same was established under Ex.A5 and A6. The complainant has not explained in the complaint how the opposite parties are liable to pay coaching fee, which was incurred by the complainant. The complainant was not forced to take coaching. To get best results, he might have taken coaching and it does not amount that missing of application through 1st opposite party, he will entitle the claim through them which was incurred for coaching The opposite parties fixed its liability that if any consignment lost or not delivered their liability is only Rs.100/-. More-over the opposite parties printed on their receipt that gold and other items which are prohibited and cannot be kept in the cover. This is the warning of the opposite parties to all the customers. We are not considering the charges paid by the complainant towards coaching and he is entitled the charges for coaching incurred by him. Admittedly there is deficiency of service on the part of the opposite parties and the complainant suffered mental agony for the acts of the opposite parties for not delivering the application to the addressee and not responded properly when the same is questioned by the complainant. These are all amounts to deficiency of service on the part of the opposite parties. This point is answered accordingly in favour of the complainant and against the opposite parties.
12. POINT NO.2 - In the result the complaint is partly allowed and the complainant entitled an amount of Rs.20,000/- towards deficiency of service, Rs.5,000/- towards mental agony and Rs.2,000/- towards costs . The opposite parties 1 & 2 are jointly and severally liable to pay the same to the complainant within one month from the date of this order. Other-wise the complainant is entitled interest @ 9% p.a. on all the amounts from the date of complaint i.e. 28-10-2013 till the date of realization.
Dictated to Steno, transcribed by him, corrected and pronounced by us in open Forum this the 30th day of June, 2014.
Sd/- Sd/-
LADY MEMBER, PRESIDENT(FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU ANANTHAPURAMU
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT: ON BEHALF OF THE OPPOSITE PARTIES
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
Ex.A1 - Original Consignment Note Receipt No.13823 dt.30-03-2013 issued by the
1st opposite party to the complainant.
Ex.A2 - Photo copy of Demand Draft dt.23-03-2013 of State Bank of India, Rayadurg.
Ex.A3 - Photo copy of application for Medical Entrance of the complainant for the year
2013-14.
Ex.A4 - Photo copy of Birth Certificate relating to the complainant issued by the
Govt. of Karnataka.
Ex.A5 - Consolidated Receipt dt.28-05-2014 for Rs.27,000/- issued by Sri Kalyana
Chakravarti Memorial Educational Trust, Vijayawada for the year 2011-12.
Ex.A6 - Consolidated Receipt dt.28-05-2014 for Rs.34,000/- issued by Sri Kalyana
Chakravarti Memorial Educational Trust, Vijayawada for the year 2012-13.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES
Sd/- Sd/-
LADY MEMBER, PRESIDENT(FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU ANANTHAPURAMU
