Date of filing : 10.05.2012
Date of disposal : 03.10.2012
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANANTAPUR.
PRESENT: - Sri T.Sundara Ramaiah, B.Com., B.L., President (FAC)
Smt. M.Sreelatha, B.A., B.L., Lady Member
Sri S.Niranjan Babu, B.A., B.L., Male Member
Wednesday, the 03rd day of October, 2012
C.C.No.21 /2012
Between:
R.krishna Kumar,
S/o Narayana,
D.No.15/587,
P.R.T. Street,
Dharmavaram,
Anantapur District. … Complainant
Vs.
1. The Manager,
ANL Parcel Service,
5-9-30/1/5/B, Road No.4,
Basheerbagh, Place Colony,
Hyderabad-63.
2. ANL Parcel Service,
Rep. by its Authorized Signatory,
Dharmavaram Branch,
Dharmavaram,
Anantapur District. … Opposite Parties
This case coming on this day for final hearing before us in the presence of Sri M.Anjaneyulu and Sri N.P.Sreenivasulu, Advocates for the complainant and Sri N.Ravikumar Reddy, Advocate for the Opposite Parties 1 & 2 and after perusing the material papers on record and after hearing the arguments of both sides, the Forum delivered the following:
O R D E R
Sri S.Niranjan Babu, Male Member: - This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the opposite parties 1 & 2 claiming a sum of Rs.53,375/- towards the loss of sarees and interest @ 18% p.a. on the said amount from the date of booking till the date of realization and also to pay a sum of Rs.10,000/- towards deficiency of service.
2. The brief facts of the complaint are that: - The complainant is a permanent resident of Dharmavaram, Anantapur District and doing sarees business for his livelihood. The complainant booked sarees through ANL parcel service of Dharamavaram branch to Venkateswara Textiles, Market Road, Mancherial on 27.04.2009. But the opposite parties failed to deliver the parcel booked by the complainant to the consignee. Then the complainant approached the 2nd opposite party and enquired regarding the non delivery of the parcel booked through them then the 2nd opposite party has requested time to deliver the parcel as the same was misplaced at Godavarikhani of Karimnagar District. Subsequently the complainant made number of requests to the opposite parties either to delivery the parcel to the consignee or return the same to the consignor. But there was no positive response from the 2nd opposite party then the complainant got issued legal notice to the 2nd opposite party on 09.07.2011 the same was served to the opposite parties and a reply was received by the complainant stating that they were pursuing the matter with the branches concerned and the same would be sent back as soon as it is traced. Even after a lapse of nearly two years the opposite parties did not deliver the parcel either to the consignee or consignor. This shows their negligence in delivering the parcel booked through them. Hence, filed this complaint under deficiency of service and claiming a sum of Rs.Rs.53,375/- towards the loss of the sarres booked in and also claiming an interest of Rs.29,018/- and also a sum of Rs.10,000/- towards deficiency of service.
3. The counsel for the 2nd opposite party filed counter stating that all the allegations made in the complaint are false and they were invented for the purpose of filing this complaint. The 2nd opposite party submits that the liability of the opposite parties is subject to the terms and conditions of the opposite parties. The 2nd opposite parties submits that at the time of booking the consignment no invoice was produced and only worth of the goods was mentioned as Rs.50,000/- on the LR. Further the 2nd opposite party submits that there was no mention of the contents of the parcel. Further the 2nd opposite party submits that the complainant is doing sarees business for profit motive and hence he cannot be treated as a consumer as per Consumer Protection Act. Hence, the complaint is liable to be dismissed. Further the 2nd opposite party submits that the complainant has booked the parcel after agreeing to the terms and conditions of the 2nd opposite party which is printed on the reverse of the L.R. and as per the terms and conditions the liability is limited to a sum of Rs.5/- per K.G. of the actual weight of the consignment and the complainant has signed on the L.R. agreeing to the terms and conditions of the 2nd opposite party. Hence the complaint is liable to be dismissed with costs.
4. The 1st opposite party filed a memo adopting the counter filed by the 2nd opposite party.
5. Basing on the above pleadings, the following points that arise for consideration are:-
- Whether there is any deficiency of service on the part of the opposite parties 1 & 2?
ii) To what relief?
6. In order to prove the case of the complainant, the complainant has filed his evidence on affidavit and marked Exs.A1 to A4 documents. On behalf of the 2nd opposite party, the 2nd opposite party filed evidence on affidavit and no documents are marked on behalf of the 2nd opposite party.
7. Heard both sides
8. POINT NO 1:- It is an admitted fact that the complainant has booked a parcel containing sarees to Venkateswara Textiles, market road, Mancherial on 27.04.2009 under L.R.No.04323193 and the value of the consignment is mentioned as Rs.50,000/-. After booking a consignment through the 2nd opposite party it is the duty of the 2nd opposite party to deliver the goods to the consignee or return the same to the consignor if not delivered to the consignee but as per the complainant’s version the consignment was not delivered to the consignee even after one month from the date of booking. Then the complainant made enquiry with regard to non-delivery of the consignment to the consignee for which the 2nd opposite party requested the complainant to bear for some more days as the parcel was misplaced at Godavarikhani of Karimnagar District.
9. As there was no response from the 2nd opposite party the complainant made number of visits to the 2nd opposite party and requested the 1st opposite party to settle the matter amicably but his attempts were in vain. As the 2nd opposite party postponed the settlement on one pretext or the other the complainant got disgusted with the attitude of the opposite parties got issued a legal notice to the opposite parties on 09.07.2011 the said notices were served and the 1st opposite party gave a reply stating that the matter was under pursuance with the branches concerned and as soon as they trace the consignment the same will be sent back to the complainant. The said reply notice is marked as Ex.A4 which clearly establishes that the consignment was not delivered to the consignee or returned to the consignor even after issuing a legal notice after a lapse of two years three months this shows the negligence of the opposite parties. It is the bounden duty of the opposite parties either to deliver the consignment to the consignee or return the same to the consignor. Ex. A4 which is the reply notice of the opposite party where in the opposite party has clearly requested the complainant to cooperate and wait for some more time in order to trace the missed parcel and deliver it as soon as it is traced which clearly establishes the negligence of the opposite party even after a lapse of more than two years. Hence we are of the view that there is negligence on the part of the opposite parties which falls under deficiency of service for which they are liable to compensate the complainant.
10. In the result the complaint is allowed by directing the opposite parties 1 & 2 to pay a sum of Rs.50,000/- to the complainant towards loss of the consignment wherein the value mentioned on the L.R. is Rs.50,000/- and also to pay interest on Rs.50,000/- @ 18% p.a. from the date of booking till the date of realization. Further the opposite parties 1 & 2 are directed to pay a sum of Rs.2000/- towards costs of the complaint within 30 days from the date of receipt of this order.
Dictated to the Steno, transcribed by him, corrected and pronounced by us in open Forum, this the 03rd day of October, 2012.
Sd/- Sd/- Sd/-
MALE MEMBER LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR ANANTAPUR
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT
NIL
ON BEHALF OF THE OPPOISITE PARTIES
-NIL-
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
Ex.A1 Consignor goods consignment note No.04323193 dt.27.04.2009 issued by
1st opposite party in favour of the complainant.
Ex.A2 Original invoice No.90 dt.27.04.2009 for Rs.53375/- issued by complainant in
favour of the Venkateswara Textiles, market road, Mancherial
Ex.A3 Office copy of the legal notice dt.09.07.2011 got issued by the complainant to
the opposite parties.
Ex.A4 Reply got issued by the 1st opposite party dt.21.07.2011 to the counsel for the
complainant.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES 1 & 2
NIL
Sd/- Sd/- Sd/-
MALE MEMBER LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR ANANTAPUR
