Date of Filing: 27-06-2013
Date of Disposal: 25-08-2014
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 25th day of August, 2014
C.C.NO.03/2014
Between:
M/s Sri Revathi Seeds & Pesticides,
Ananthapuramu by its Proprietor
P.Bhaskar Reddy S/o P.Narayana Reddy,
D.No.13-708-E3, Prabhakar Complex,
Opp: RTC Bus Stand
Ananthapuramu. …. Complainant
Vs.
The Manager,
ANL Parcel Service,
RTC Bus Stand,
Ananthapuramu. …. Opposite party
This case coming on this day for final hearing before us in the presence of Sri A.Suresh Kumar, advocate for the complainant and Sri N.Ravi Kumar Reddy, Advocate for the Opposite party and after perusing the material papers on record and after hearing the arguments on both sides, the Forum delivered the following:
O R D E R
Sri S.Niranjan Babu, President (FAC) : - This complaint has been filed by the complainant under section 12 of Consumer Protection Act, 1986 against the opposite party claiming a sum of Rs.20,000/- towards the goods sent through the opposite party, Rs.20,000/- towards deficiency of service and Rs.10,000/- towards mental agony.
2. The brief facts of the case are that :- The complainant is the Proprietor of M/s Sri Revathi Seeds and Pesticides and doing business in selling the seeds and pesticides. In the course of regular business transaction, the complainant booked the goods to Sri Venkateswara Seeds, Ravulapalyam of East Godavari District on 22-11-2012 through the opposite party under Consignment Note No.01085629. The goods was worth about Rs.20,000/-. Later the complainant came to know that the goods booked through the opposite party was not delivered to the consignee. Then the complainant enquired with the opposite party with regard to the goods sent through them. The consignee Venkateswara Seeds, Ravulapalyam personnel also made number of visits to the Branch Office of the opposite party at Ravulapalyam and came to know that the said parcel was not received at their end. Inspite of requests and several visits by the complainant, there was no proper reply from the opposite party with regard to the parcel. Then the complainant got issued a legal notice on 26-01-2013 demanding him to take necessary action. The said notice was served on the opposite party. Head Office of the opposite party gave reply on 02-02-2013 expressing their regrets for the inconvenience caused to the complainant and also stated that necessary action will be taken in tracing out the parcel.
3. Even after a lapse of months of time there was no response from the opposite party with regard to the parcel. Hence, the complainant filed this complaint against the opposite party claiming a sum of Rs.20,000/- towards the cost of the goods and Rs.20,000/- towards deficiency of service and Rs.10,000/- towards mental agony.
4. The opposite party filed counter stating that the complaint is not maintainable as this Forum has no jurisdiction to entertain the complaint as per the terms and conditions of the consignment note, only Hyderabad has jurisdiction to entertain the complaint. The opposite party stated that as per the terms and conditions of the consignment note, the liability of the opposite party is limited to Rs.5/- per Kg., and the complainant has agreed to the terms and conditions of the opposite party and signed on the consignment note. Further the opposite party submitted that the complainant is doing business for commercial purpose. Hence, this Forum has no jurisdiction to entertain this complaint. Further the opposite party submitted that though the opposite party has informed the complainant with regard to the tracing out of the parcel, the complainant did not take delivery of the consignment stating that the parcel contains Bendi seeds but this parcel contains paddy seeds, though the consignment Note Number written on the consignment was one and the same as per their consignment Note No. Further the opposite party submitted that the complainant purposely refused to take delivery of the same stating that the complainant has booked Bendi seeds to know that bill was not furnished at the time of booking to show that Bendi seeds were booked. Further the opposite party submitted that the opposite party is ready to produce the consignment before this Forum for verification. Hence stated that there is no deficiency of service on the part of the opposite party. Hence the opposite party is not liable to pay any compensation as claimed by the complainant.
5. Basing on the above pleadings, the points that arise for consideration are:-
1. Whether there is deficiency of service on the part of the opposite party?
2. To what relief?
6. In order to prove the case of the complainant, the complainant has filed evidence on affidavit on his behalf and marked Ex.A1 to A3 documents. On behalf of the opposite party, evidence on affidavit of the opposite party has been filed and no documents are marked on behalf of the opposite party.
7. Heard on both sides.
8. POINT NO.1 – The counsel for the complainant submitted that the complainant has booked the consignment through the opposite party on 22-11-2012 in Consignment Note No.01085629 to Sri Venkateswara Seeds, Ravulapalyam of East Godavari District. The counsel for the complainant submitted that later the complainant came to know that the said parcel was not delivered to the consignee and the personnel of the consignee visited the opposite party’s office at Ravulapalyam and came to know that the said parcel was not received at their office. Then the complainant made enquiry with the opposite party and came to know that the said parcel was not received by the opposite party’s office at Ravulapalyam. Further counsel for the complainant submitted that inspite of number of visits and requests by the complainant at the office of the opposite party, there was no proper response with regard to the parcel. Then having no option, the complainant issued a legal notice on 26-01-2013 demanding him to take necessary action. After receiving the said notice, the Head Office of the opposite party has sent reply letter on 02-02-2013 expressing regrets for the inconvenience caused to the complainant and also stated that they will take necessary action in tracing out the parcel. Further the counsel for the complainant submitted that even after a lapse of months’ time, there was no communication from the opposite party with regard to the parcel. The counsel for the complainant submitted that the goods sent to Sri Venkateswara Seeds, Ravulapalyam was perishable in nature and as the said consignment has not been traced out even after 7 months, the opposite party is liable to pay a sum of Rs.20,000/- towards the cost of the goods and also liable to pay Rs.20,000/- towards deficiency of service and also to pay Rs.10,000/- towards mental agony suffered by the complainant.
9. The counsel for the opposite party submitted that it is true that the complainant has sent the consignment through the opposite party bearing consignment Note No.01085629 and submitted that the said parcel did not reach the destination Ravulapalyam of East Godavari District immediately. After receiving the notice from the complainant, the opposite party has traced out the parcel and communicated the same to the consignee to take delivery of the said parcel. Further the counsel for the opposite party submitted that the consignee has refused to take delivery of the said parcel stating that the parcel, which was booked had to contain Bendi seeds but the consignment which was lying at the branch office of Ravulapalyam contained paddy seeds, hence they refused to take delivery. Further the counsel for the opposite party submitted that no doubt there was some delay in reaching the destination of the consignee but consignee has willfully refused to take delivery of the said consignment for which the opposite party cannot be penalized. Further the counsel for the opposite party submitted that as per the consignment note terms and conditions of the opposite party, they are liable to pay only Rs.5/- per Kg., and further submitted that the complainant has sent the consignment for commercial purpose and hence the complainant is not a consumer as per the Consumer Protection Act. Hence, the complaint is liable to be dismissed.
10. After hearing the arguments of both sides and perusing the documents, there is no dispute with regard to sending of the parcel through the opposite party by the complainant and even as per the arguments of both sides the fact that the opposite party has not taken reasonable care in order to make delivery of the consignment within reasonable time and as seen from the arguments the materials were perishable in nature and as there were months of delay in reaching the destination, the goods sent in the parcel might have perished. Further as per the arguments of the opposite party, though the said parcel was traced out after a lapse of time and informed to the consignee, the consignee has not taken delivery stating that the said parcel was containing paddy seeds instead of Bendi seeds. As seen from the consignment note the contents was not mentioned and only value of the goods is mentioned as Rs.20,000/-. Hence the contents of the consignment, which were sent cannot be ascertained. In the above circumstances as the goods were of perishable nature and as months have lapsed after booking the consignment, the said goods might have perished. In the above circumstance’s, the opposite party is liable to pay atleast 50% of the cost of the goods. Hence, we are of the view that the opposite party is liable to pay a sum of Rs.10,000/- towards the cost of the goods to the complainant.
11. POINT NO.2 - In the result, the complaint is partly allowed by directing the opposite party to pay a sum of Rs.10,000/- to the complainant within one month from the date of this order failing which interest shall be paid @ 12% p.a. from the date of this order till the date of realization.
Dictated to Steno, transcribed by him, corrected and pronounced by us in open Forum this the 25th day of August, 2014.
Sd/- Sd/-
LADY MEMBER, PRESIDENT (FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU ANANTHAPURAM
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT: ON BEHALF OF THE OPPOSITE PARTY
-NIL- -NIL-
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
Ex.A1 - Carbon copy of Consignment Note No.01085629 dt.22-11-2012 issued by
Opposite party.
Ex.A2 - Office copy of legal notice dt.26-01-2013 got issued by the complainant to
the opposite party.
Ex.A3 - Reply letter dt.02-02-2013 sent by Head office of the opposite party to
Counsel for the complainant.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE EPARTY
Sd/- Sd/-
LADY MEMBER, PRESIDENT(FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU ANANTHAPURAM
Typed JPNN
