D.O.F. 21.05.2013
D.O.O. 31.12.2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K.Gopalan : President
Smt. Sona Jayaraman K. : Member
Sri. Babu Sebastian : Member
Dated this the 31st day of December, 2013.
C.C.No.144/2013
Babu N.
Nettookomath House, : Complainant
P.O. Mundalore,
Kannur-670622
(Rep. by Adv. A.K. Raghunathan)
Manager
DHL Express (I) Pvt. Ltd.
Shabeena Complex
Thavakkara Road : Opposite Parties
Opp. Sunitha Furniture
Kannur- 670 001
O R D E R
Smt. Sona Jayaraman K., Member
This is a complaint filed under Section 12 of Consumer Protection
Act for directing the opposite party to refund `5,159 towards the cost of drugs and to return `4,031 towards the transportation charge and to pay `50,000 towards compensation.
The case of the complainant in brief is as follows : The complainant has availed the service of opposite party for despatching life saving drugs being a value of `5,159 to his close relative Jayarajan at Riyadh. The goods were despatched as per opposite party’s invoice Airway’s bill and the complainant paid `4,031 towards transportation charge. Although opposite party assured that the drugs will be delivered within a week’s time, they did not do as promised. Although complainant enquired several times to the opposite party, they did not give any satisfactory reply. The complainant sent a letter to opposite party stating all these facts. The opposite party sent reply stating that they will make enquiries. Thereafter they send another letter stating that the shipment was returned to India. But the goods had not been handed over to the complainant till this date. Hence this complaint to direct the opposite party to refund the cost of the drugs of `5,159 and to return transportation charges `4,031 and to pay compensation of `50,000.
After receiving the complaint, notice was issued to opposite party. Although notice was served properly he has not appeared before the Forum. So he was declared exparte. But later he appeared personally and agreed to settle the matter. But he has not settled the matter and he failed to appear thereafter before this Forum. Now the matter to be decided is whether there was any deficiency in service from the part of opposite party. If yes what is the remedy.
The evidence in this case consists of the Chief Affidavit of complainant and Ext.A1 to A6.
The complainant filed chief affidavit in tune with his pleadings.
As per Ext.A1 invoice it can be seen that as stated by the complainant medicines worth `5,159 has been sent to one Jayarajan Mambarath at Riyadh on 31.12.2012. Ext.A2 and A3 shows the payment of `4,031 towards service charge. Ext.A4 to A6 shows that shipment has been not reached its distinction. In the Ext.A6 document the opposite party has made it clear that the shipment has been returned back. The act of the opposite party by not taking effort to complete the assignment taken by them after receiving service charge from the complainant is a clear deficiency in service from the part of opposite party. As per Ext.B6 it can be seen that the drugs were returned back. But that had not been handed over to complainant. Moreover the complainant contacted the opposite party for consignment on 31.12.12. Ext.A6 reply is dated 26.02.2013 that is after one and half month they are sending this e-mail and that too after the enquiries made by the complainant. These are all show that there was gross negligence and deficiency in service from the side of opposite party. So the opposite party is liable to compensate the complainant. The total value of goods is `5,159 and the service charge is `4,031. So the opposite party is liable to give `5,159 and return back `4,031 to the complainant. As the shipment was drugs it can be assumed that the return back of shipment must have caused hardships and mental agony to the complainant. So we are of the opinion that the opposite party is liable to compensate the complainant to the tune of `5,000 along with litigation cost of `1000.
In the result, the complaint is allowed directing the opposite party to give `5,159 (Rupees Five Thousand One Hundred and Fifty Nine only) towards the value of drugs and to return back `4,031 (Rupees Four Thousand and Thirty One only) which was received towards towards service charge and to pay an amount of `5,000 (Rupees Five Thousand only) towards compensation along with litigation cost of `1000(Rupees One Thousand only). The opposite party shall comply the order within one month from the date of receipt of this order, failing which the complainant is at liberty to execute the order as per the provisions of the Consumer Protection Act.
Dated this the 31st day of December, 2013.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Copy of invoice dated 31.12.2012.
A2. Airway Bill dated 31.12.2012
A3. Copy of Cash receipt dated 31.12.2012.
A4. Copy of letter dated 14.02.2013.
A5. Copy of letter dated 22.02.2013.
A6. Copy of letter dated 26.02.2013.
Exhibits for the opposite party
Nil
Witness examined for the complainant
Nil
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT
