Telangana

Mahbubnagar

CC/09/4

P. Bhaskar S/o Narsimha, O/c Business - Complainant(s)

Versus

The Manager, ANL Parcel Service, Kollapur. - Opp.Party(s)

Sri L. Ramulu

30 Apr 2009

ORDER

BEFORE THE DISTRICT CONSUMER FORUM AT MAHABUBNAGAR

Thursday, the 30^th day of April, 2009

                           Present:-    Sri  T. Ashok Kumar, M.A., LL.B., I Addl. Dist. & Sessions Judge-cum-FAC President

               Smt. B.Vijaya Kumari, M.Sc. B.Ed., C.C.P., Member

                                                                                                                                    C.C.No.  4  Of  2009

Between:-

P. Bhasker S/o Narsimha, age: 42 years, Occ: Business, R/o H.No.2-18-46, Rangadas street, Kollapur, Mahabubnagar District.

                                                                                                                                                               … Complainant

And   

1. A.N.L. Parcel Service, Rep. by Manager at Kollapur, Mahabubnagar.
2. A.N.L. Parcel Service, Rep. by State Manager, R/o H.No.3-5-874/6/5, Hyderguda, Hyderabad. 

                                          … Opposite parties

 This C.C. coming on before us for final hearing on 24-4-2009 in the presence of Sri L. Ramulu, Advocate, Mahabubnagar for the complainant and Sri B. Kantha Reddy, Advocate, Mahabubnagar for the opposite parties having remained absent, having heard only counsel for complainant and having stoodover for consideration till this day, this Forum delivered the following:  

                                                                                     O R D E R

                                                                    (Smt. B.Vijaya Kumari, Member)

1.    This is a complaint filed on behalf of the complainant under section 12 of Consumer Protection Act, 1986 seeking a direction to the opposite parties to pay the cost of two bales total amount of Rs.30,408/- along with interest @ 18% p.a. from 4.1.2008 till realization of the said amount and to pay compensation of Rs.50,000/- to the complainant apart from the costs of the complaint.    

2.    The complaint averments are as follows:-    The opposite party No.1 is a local Branch Manager of ANL Parcel Services at Kollapur and the opposite party No.2 has acted as a State Manager on behalf of ANL Parcel Service at Hyderabad, whose business is to send goods/parcels from one place to another through their transport services without delay.  As per the terms at the time of booking they will weigh the bundles/goods consignment and note either “To pay” or “Paid” the bill and render their services by sending the consignment goods to their respective sister ANL parcel service office, which is nearer to the addressee concerned.  As per the condition No.5, the consignor has to deliver the goods within one week or otherwise the ANL parcel services will collect the godown rent @ Rs.3/- per bale per day from the addressee.  The complainant is a proprietor of Padmavathi Readymade Garments at Kollapur.   The complainant has booked two bales of readymade dress materials through OP.1 at Kollapur one is vide bearing No.42500080 worth of Rs.4,108/- in favour of Shivtex, Gunj Bazar, Secunderabad and another one is vide bearing No.42500081 worth of Rs.26,300/- in favour of Sandya Traders, Tobacco Bazar, Secunderabad on 4.1.2008.  The said two bales are booked in “To pay” process.  The said bales are sent to their ANL branch office at Secunderabad i.e., OP.2.   After one week the complainant came to know that the said two bales are not delivered to the consignee.  The complainant has approached OPs.1 and 2 and enquired about the matter but the OPs have not responded.   Non delivery of the bales to the consignee amounts to deficiency of service on the part of OPs.  The complainant got issued legal notice on 26.8.2008 to OPs but the OPs neither delivered the said bales to the consignee nor returned the goods to the complainant.  The OPs have not given any reply to the complainant even after lapse of ten months.  Due to the acts of OPs the complainant suffered much mental agony and pain for which the OPs are liable to pay compensation.   Hence the complaint.       

3.   The opposite party Nos.1 and 2 have filed their counters with similar averments which are as follows:-   It is admitted that the opposite parties deal in courier service and they are transporting the goods/parcels booked with it in various branches at various places.  It is denied that the complainant is the proprietor of readymade garments showroom and he has booked two bales of readymade garment dress materials with OP.1 and that the same to be delivered to the consignee at Secunderabad.   The complainant is put to strict proof to them.  It is also denied that the total value of the two consignments is Rs.30,408/- (4,108 + 26,300) and that the OPs have not delivered them to the consignee.   The opposite parties denied that the complainant has approached them and enquired about the bales.  It is also denied that the complainant has sent a letter on 8.7.2008.   The OPs stated that the complainant has not booked any bales of goods with OP.1 to deliver the same to the consignee through OP.2 at Secunderabad.  Hence the complainant is not entitled for any amount towards compensation as claimed.  Hence the complaint is liable to be dismissed. 

4. The complainant filed his affidavit and got marked Exs.A-1 to A-13.

5. The OPs filed their affidavits and no exhibits are marked on their behalf.

6. Heard only counsel for the complainant and no arguments advanced for OPs.1 and 2.  

7. The points which fall for consideration are:

1. Whether the complainant proved deficiency of service on the part of OPs.?
2. Whether the complainant is entitled to the reliefs as prayed for?

8.   Points 1 and 2:-   We have carefully gone through the contents of the complaint, counter of Ops.1 & 2, their affidavits and documents filed by the complainant.  The complainant is alleging deficiency of service on the part of OPs that the consignment had not been delivered to the consignee.   Perusal of ANL consignment receipts clearly shows that the complainant has booked two bales of goods on 4.1.2008 in ANL parcel service through OP.1 from Kollapur to Secunderabad to the concerned parties Shivtex and Sandya Traders.  OP.1 issued two receipts and one is vide bill No.42500080 worth of Rs.4,108/- vide Ex.A-2 and another one is vide bill No.42500081 worth of Rs.26,300/- vide Ex.A-5.   These two bales are sent to OP.2 Branch Office, Secunderabad for delivery to the concerned parties (consignee) at Secunderabad.  These two bales are booked in the process that the service charges Rs.140/- vide bill No.42500081 and Rs.132/- vide bill No.42500080 are to be paid by the concerned parties.  After one week the complainant come to know that the said two parcels were not delivered to the concerned parties.  After that the complainant approached OPs.1 and 2 but they did not respond.  Ex.A-7 letter dt.8-7-2008 addressed to OP.2 sent under Ex.A-8 postal receipt acknowledged under Ex.A-9 reveals that the complainant has booked two bales of goods on 4.1.2008 at Kollapur and these two bales were not delivered to the concerned parties at Secunderabad nor returned to the complainant.  In counter, OPs.1 and 2 denied all the averments of the complainant.   The complainant clearly mentioned in the complaint that as per ANL parcel service condition No.5 the concerned parties have to collect  the goods within one week or otherwise the company will collect the godown rent  @ Rs.3/- per bale per day from the addressee.   As seen from Exs.A-1, A-2, A-4 and A-5 the complainant has booked two consignments on 4.1.2008 and that two receipts Exs.A-2 and A-5 were issued by OP.1 and at the same time these two consignments are sent to OP.2 branch office at Secunderabad for delivery of the bales to the concerned parties and to collect the service charges from the consignee.  The OPs have not disputed genuineness of the ANL parcel service receipts Exs.A-2 and A-5 which were issued by OP.1 on 4.1.2008.    At the same time the OPs have not filed even a scrap of paper to show that the consignments were delivered to the consignee within the time as per the condition No.5.  Mere denied in counters not sufficient to dismiss the complaint.  There is no material before us to believe that the OPs have returned the consignments to the complainant or issued any notice to the complainant even after agreed period.  Inspite of  issuing legal notice vide Ex.A-10 on 26.8.2008 under Ex.A-11 and A-12 Registered post receipts and Ex.A-13 postal acknowledgement the OPs have not delivered the goods to the concerned parties nor returned the same to the complainant.  Therefore, we hold that non delivery/non return of the consignment of goods even after issuing the legal notice amounts to deficiency of service on the part of OPs.   It is sufficient for the complainant to suffer mental agony for which the OPs have to pay some compensation.  Hence the OPs are liable to return the goods or to pay the worth of cost of Rs.30,408/- to the complainant and to pay Rs.1,000/- towards compensation.   The OPs.1 and 2 are also liable to pay Rs.500/- towards costs of the proceedings.    
9.    In the result, the complaint is partly allowed.   The Forum directs the OPs.1 and 2 jointly and severally to return the two consignments of goods vide bill No.42500080 and vide bill No.42500081 to the complainant or to pay the total cost of goods of Rs.30,408/- (Rupees Thirty thousand four hundred and eight only) to the complainant.  The OPs.1 and 2 are also directed to pay Rs.1,000/-(Rupees One thousand only) towards compensation and Rs.500/- (Rupees Five hundred only) towards costs of the proceedings to the complainant within one month from the date of receipt of this order.   

   Typed to dictation, corrected and pronounced by us in the open Forum on this the 30th day of April, 2009.

 

    MEMBER                                                                      PRESIDENT (FAC)

                                                                                                                             Appendix of evidence

Witness examined

For complainant: Nil                                                 For opposite parties:  Nil

Exhibits marked for complainant:- 

Ex.A-1:     Returned of goods bill, dt.3.1.2008.

Ex.A-2:     Weigh bill issued by OP.1, dt.4.1.2008.

Ex.A-3:     Original invoice of Shivtex, dt.15.3.2007.

Ex.A-4:     Returned of goods bill, dt.3.1.2008.

Ex.A-5:     Weigh bill issued by OP.1, dt.4.1.2008.

Ex.A-6:     Original Credit bill of Sandhya Traders, dt.18.10.2007.

Ex.A-7:     Copy of letter, dt.8.7.2008.

Ex.A-8:     Postal receipt.

Ex.A-9:     Postal Acknowledgement.

Ex.A-10:   Copy of Legal Notice, dt.26.8.2008. 

Ex.A-11:   Postal receipt.

Ex.A-12:   Postal receipt.

Ex.A-13:   Postal Acknowledgement.

Exhibits marked for OPs:-

     - Nil -

By the Forum:-

     - Nil -

                                                                                          PRESIDENT (FAC)

Copy to:-

1. Sri L. Ramulu, Advocate, Mahabubnagar for the complainant.

2. Sri B. Kantha Reddy, Advocate, Mahabubnagar for the opposite parties.