DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, RAYAGADA
AT: KASTURI NAGAR, Ist. LANE, L.I.C.OFFICE BACK PO/DIST: RAYAGADA , STATE: ODISHA, PIN NO.765001, PHONE/FAX NO.06856-223025.
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C.C. Case No..50/ 2014.
Dated. 11th Sept, 2014.
P R E S E N T .
Sri Pradeep Kumar Dash, LL.B, President.
Smt. Ch. Nirmala Kumari Raju, LLB, Member
Balakrishna Mishra,Balajinagar,11nd Line, Near Uma Sankar theatre, Rayagada, Po/Ps//Dist.Rayagada,,765001. ……Complainant
Vrs.
1. D.T.D.C. Courier & Cargo Ltd., Near Hotel Trupti, Rayagada. Rayagada,
2. D.T.D.C. Courier & Cargo Ltd., Katepuram Choke,Pimpligurav,Pune-411061.
3. D.T.D.C. Courier & Cargo Ltd., Regd. Office,No.3,Victoria Road, Bangalore- 560047. ……...Opp.Parties
Counsel for the parties:
For the complainant: In Person
For the O.Ps: Sri N.K. Nayak & Associates Advocate, Bhubaneswar.
JUDGMENT
1. The facts of the complaint in brief is that, the complainant has sent a parcel having Homeopathic medicine worth of Rs.2000/- through the O.P. No.1 on dt.22.10.2013 vide Consignment No.D..14973877 and after lapse of four months the said consignment was not delivered to the consignee who was at Pane. The complainant again and again contacted with all O.Ps but no satisfactory answer was received from any corner . As it was a life saving medicine it has to be reached with the consignee in time and due to the negligence of the O.ps the complainant has suffered a lot and also faced a lot of mental agony. The said parcel was neither delivered to the consignee nor it was returned to the complainant and hence prayed payment of Rs.2300/- which is the value of the medicine, parcel charges and packing charges and also prayed to penalize the O.ps for their negligence. Hence, this case.
2. After receipt of notice the Opp.PartyNo.3 appeared through his advocate Sri N.K.Nayak and files written version denying the allegations of the complainant. The O.p No.1 & 2 have not appeared as such they were set exparte.
It is admitted by the Opp.Party No.3 that the complainant had sent some homeopathic medicines worth of Rs.2,000/- which he has declared in the shipper copy and as per the terms and conditions of the contract between the complainant and the O.ps the liability of the Opp.Party for any loss and damage to the shipment is Rs.500/-.At this stage the O.p 3 is liable for Rs.500/- because there are two other Opp.Parties who are also liable for the same and prayed to dismiss the complaint without any compensation and litigation expenses.
It is admitted by both the parties that the parcel in question was not delivered to the consignee for which the O.P No.3 has admitted in its version to pay for the 1/3rd of loss and also submitted that the rest of the Opp.Parties are also liable for the loss . Since the O.P 3 has admitted the allegations of the complainant we do not feel it necessary to dive deep into the matter. Hence, the complaint is allowed in part and we dispose of the matter with the following directions.
ORDER
The petition of the complainant is allowed on contest against all the O.ps. They are jointly and severally liable to pay towards the loss and damages which caused mental agony and harassment to the complainant .Hence, the O.Ps are ordered to pay the cost of medicine Rs.2,000/- Parcel and packing charges of Rs.300/- along with compensation of Rs.10,000/- which includes cost of litigation and mental agony. The mater is disposed with the direction to the Opposite Parties to comply the above order within four weeks of receipt of this ,failing which they are liable to pay penal interest @ 12% p.a. on the above awarded amount till its realization.
Pronounced in open forum today on this 11 h day of September,2014 under the seal and signature of this forum.
A copy of this order as per the statutory requirements , be forwarded to the parties free of charge.
Member President
Documents relied upon:
By the complainant:
- Xerox copy of Consignee dt.22.10.13.
By the Opp.Party: Nil
President
