D.O.F:29/7/13

D.O.O:16/5/14

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                    CC.NO.176/13

                             Dated this, the 16th      day of May  2014

PRESENT:

SMT.P.RAMADEVI            : PRESIDENT

SMT.BEENA K.G               : MEMBER

SMT.SHIBA.M.SAMUEL    : MEMBER

R.Sreenivasan Pillai,

Secretary, Taluk Legal Service                     : Complainant

Committee, Hosdurg,

Kanhangad.

(Adv.T.V.Vijayan,Hosdurg)

The Director,

D.T.D.C. House No.3                                       : Opposite party

Victoria Road,

Bangalore – 47.(exparte)

                                                            ORDER

SMT.SHIBA.M.SAMUEL    : MEMBER

      The nutshell of the case of the complainant is that on 6/3/13, an urgent communication was sent infavour of the complainant through the branch office of opposite party and it was assured by the opposite party that it will be delivered on 7/3/13 since the  courier contains  an application for loan from LIC.  The letter was not delivered to the complainant  as promised by him but the courier was delivered only on 14/3/13.  Due to the irresponsible service  of the opposite party, the complainant sustained mental pain  agony and he fell ill also. Hence the complaint.

   Notice was issued to the  opposite party.  Even after many postings the notice was not returned and as per section 28 of the Act it was presumed to be served and the name of the opposite party was called absent and set exparte.

   The complainant has filed chief affidavit and Exts.A1 to A7 were marked.  While going through the affidavit filed by the complainant, it can be seen that a communication was sent in his favour from the opposite party’s office at  Trivandrum and  the opposite party was assured to the complainant  that courier will be delivered on 7/3/13 and the receipt was marked and Ext.A1. As per the complainant it was  containing an application form from LIC.  But the courier was delivered on 14/3/13.  Due to  this irresponsible service, the complainant sustained mental pain and agony.  Ext.A2  proves the date of delivery.  Moreover the opposite party was aware about  the grievance of the complainant since he had sent a reply notice to the counsel for the complainant which was marked as Ext.A5 by giving an explanation for delay which was caused due to an accident.  Eventhough the complainant has not clearly proved to what  extend he sustained loss due to the deficiency  of service from the side of the opposite party but it is crystal clear that  there is a deficiency  of service from the  opposite party.  Therefore  the complaint is allowed directing  the opposite party to pay a compensation of Rs.10,000/- for mental pain and agony and cost of Rs.3000/- to the complainant.  Time for compliance is 30 days from the date of receipt of copy of this order.

Exts:

A1-Courier receipt

A2-copy of delivery run sheet

A3-dt.11/4/13-lawyer notice

A4-30/4/13- reply notice

A5-21/5/13 -  do-

Sd/                                                                                       Sd/                                                      Sd/           

MEMBER                                             MEMBER                            PRESIDENT

eva

                                                                                 /Forwarded by Order/

                                                                       SENIOR SUPERINTENDENT