IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

Smt.K.P.Preethakumari:  Member

Smt.M.D.Jessy:               Member

                                                  Dated this, the 19^th  day of    November  2009

CC.187/2009

Zainu Hameed Pottacheelakath,

Sainabas, Near Anayiduck LP School,

P.O.Thana, Kannur 12.                                                Complainant

(Rep. by Adv.K.L.Abdul Salam)

The Manger,

DHL Express Parcel Service,

Thavakkara Road,

Kannur 2.                                                                     Opposite party

O R D E R

Smt.K.P.Preethakumari, Member

            This is a complaint filed under section12 of consumer protection act for an order directing the opposite party to deliver the parcel bearing  barcode No.1378120995 to addressee and to pay Rs.50,000/- towards the compensation with interest.

            The complainant’s case is that the opposite party is an international parcel service agency. The complainant has approached the opposite party to send a parcel containing Auyrvedic medicine having 4 kg. In order to meet an emergent requirement in connection with the treatment of his son-in-law Mr.Ashique.P.K. on 31^st March 2009 at 10.39 a.m to deliver the same to Mr.Ashique.P.K, Omatra, P.O.5039, Leewa Ali Slam State, Bani Malik District, opposite  Ministry of Defense and Civil Aviation, Jedha, KSA 21422 on payment of Rs.4997/- as their charge for delivering the same to the addressee. The opposite party has issued a receipt thereof dated 31^st March 2009 having barcode No.1378120998. The opposite party made believed the complainant that the opposite party is an international courier service agency and will deliver the parcel within 3 days. But the same was not delivered to the addressee even after 95 days. The parcel contains the ayurvedic medicine and it is the emergent requirement of addressee and while non receipt of the same, the addressee constrained to use other medicines and it caused damage and harm to the body and the complainant has lost the good relationship with his son-in-law due to non receipt of the same. Before entrusting the parcel to opposite party, he convinced them that it is ayurvedic medicine and it is required urgently. After 5 days, when the complainant went an enquiry to the office of the opposite party, they have not given proper explanation or not responded with the lawful demand and request of complainant. So the complainant was constrained to issue a lawyer notice, but the same was refused. So there is deficiency on the part of opposite party. Hence this complaint.

            On receiving the complaint notice was issued to opposite party. Though he had received the same he was not turned up and hence he was called absent and set exparte.

            The main point to be decided in the case is whether there is any deficiency on the part of the opposite party.

            The complainant has filed chief affidavit in lieu of chief examination in tune with his pleadings and produced and marked Ext.A1 to A4.

            The Ext.A1 is the shipment Airway bill issued by opposite party in the name of the complainant. A2 is the lawyer notice, A3 is the postal receipt and A4 is the refused lawyer notice. Ext.A1 proves the case of the complaint that that he had handed over some Ayurvedic medicines to opposite party in order to deliver it to Mr.Ashiquie.P.K, Leedwa Ali Slam State, Bani Mallik District, opposite  Ministry of defense and civil Aviation, Jidha on 31.3.09 and for which opposite party had received an amount of Rs.4997/-. A2 to A4 proves that complainant has issued lawyer notice to opposite party for compensation for not delivering the same to the addressee and the same was returned as refused. But the opposite party has not turned up before the forum. This it is deficiency on the part of the opposite party. There is no contra evidence before us. So we are of the opinion that thee is gross deficiency on the part of the opposite party in delivering the parcel to the addressee for which they are liable to compensate the complainant. But the complainant has not produced any bill to prove the price of the medicine. Any way the complainant has spend some amount for purchasing the medicine for which we calculate as Rs.5000/- and the opposite party is also liable to refund Rs.4997/- received from complainant. The opposite party is further liable to give Rs.3000/- as compensation and Rs.1000/- as cost of the proceedings to the complainant. In total the opposite party is liable to pay Rs.14, 000/- to the complainant and order passed accordingly.

            In the result, the complaint ;is allowed directing the opposite party to pay Rs.14,000/- (Rupees  Fourteen thousand only) to the complainant within one month from the date of receipt of this order, failing which the complainant is at liberty to  execute the order against the opposite party under the provisions of consumer protection act.

                             Sd/-                            Sd/-                           Sd/-              

                        President          Member                       Member

APPENDIX

Exhibits for the complainant

A1.Bill issued by OP

A2 to A4.Copy of the lawyer notice sent to OP, postal receipt and refused cover

Exhibits for the opposite party; Nil

Witness examined for either side: Nil

                                                /forwarded by order/

                                                Senior Superintendent

Consumer Disputes Redressal Forum, Kannur