BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE

Dated this the 28^th February 2017

PRESENT

  SRI VISHWESHWARA BHAT D     : HON’BLE PRESIDENT

   SMT.LAVANYA M. RAI                   : HON’BLE MEMBER

ORDERS IN

C.C.No.375/2016

(Admitted on 11.11.2016)

Mr. Konduri Lakshminarayana,

S/o Late K.B. Prasada Rao,

Aged 56 years,

R/at . B.1 , MRPL Township,

Post Bala, Via Katipalla,

Mangalore 575030, D.K.

                                                            ……… Complainant

(Advocate for Complainant by Sri. MRK)                                                                                                         

VERSUS

The Manager,

DTDC express limited.

Prestige Building,

Opp. SCDCC Bank,

Baikampady, Mangaluru.

                                       …. Opposite Party

        (Opposite Party Ex parte)

ORDER DELIVERED BY HON’BLE PRESIDENT

SRI VISHWESHWARA BHAT D

1. 1. This complaint is filed under section 12 of the Consumer Protection Act alleging deficiency in service against the opposite party claiming certain reliefs.

The brief facts of the case are as under:

          The complainant contents on 19.9.2016 for delivery to an address Mr.Subba Rao, Srinilayam, Peddamasjid Road, at Gudivada, Krishna District, Andhra Pradesh.  He booked 30 Kgs Nandini Brand Ghee in 5 Kg packets stuffed within 2 card board boxes. After 16 days 1 boxes contening 3 number of 5 kg packets was delivered to the address.  But was found the re packed in some other boxes, this was reported to Opposite Party Bangalore office in charge on 13.10.2016 complainant received message from Opposite Party that another identical boxes and on 14.10.2016 complainant found box booked by complainant 19.09.2016 was found in totally damaged condition Ghee dispatched was for religious purpose.  Opposite Party appeared to have misplaced the goods and there is deficiency in rendering service to complainant.  Despite legal notice demanding Rs. 17,000/ the value of the damage ghee Opposite Party failed to comply the demand. Hence the complaint for the reliefs claimed.

II. Opposite Party despite in this remand also hence placed Ex parte.

2.     In support of the above complaint the complainant Mr. Konduri Lakshminarayana, filed affidavit evidence as (CW1) produced documents got marked Ex.C1 to C6 as detailed in the annexure here below.  On behalf of the opposite party placed exparte.

III.     In view of the above said facts, the points for consideration in the case are:

1. Whether the Complainant is a consumer and the dispute between the parties?
2. If so, whether the Complainant is entitled for any of the reliefs claimed?
3. What order?

           We have considered entire case file on record including evidence tendered by the parties and notes of argument of the parties.  Our findings on the points are as under are as follows:           

                         Point No.  (i) : Affirmative

                         Point No.  (ii) : Affirmative

                         Point No. (iii): As per the final order.

REASONS

IV.   POINTS No. (i):  In this case complainant booked the ghee into boxes with Opposite Party from Mangalore for delivery at Gudivada, Andhra Pradesh.  Ex.C1 is the copy of the receipt issued by Opposite Party, Ex.C2 is photograph of 2 packets booked, Ex.C3 is complaint lodged by complainant to Opposite Party, Ex.C4 is legal notice addressed to Opposite Party on behalf of complainant, Ex.C6 colour Xerox of photo shop sent by complainant.  

          Considering despite complainant allegation made against Opposite Party not only relationship and consumer and service provider and deficiency in service are proved.

          The complainant has mentioned the value of the damaged product at Rs. 17,000/ part from directing to pay this amount to complainant and to pay sum of Rs. 12,000/ including costs in our view would meet ends of justice.  Hence we answer point no. 2 in the affirmative.

POINTS No. (iii): Wherefore the following order

ORDER

                The complaint is allowed.  Opposite Party is directed to pay Rs. 17,000/ (Rupees seventeen thousand only), to complainant with future interest at 9% p.a from the date of legal notice till now date of 17.10.2016

2. Opposite Parties shall pay Rs.12,000/-(Rupees twelve thousand only)  as compensation to complainant.

      Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.

     (Page No.1 to 4 dictated by President to the Stenographer typed by him, revised and pronounced in the open court on this the 28^th                     February 2017)

             MEMBER                                         PRESIDENT

     (LAVANYA M RAI)                    (VISHWESHWARA BHAT D)

D.K. District Consumer Forum           D.K. District Consumer Forum

             Mangalore                                      Mangalore

ANNEXURE

Witnesses examined on behalf of the Complainant:

CW1  Mr. Konduri Lakshminarayana,

Documents marked on behalf of the Complainant:

Ex.C1: Colour Xerox of Receipt for booking

Ex.C2: Colour xerox photo showing the boxes.

Ex.C3: xerox complaint lodged to DTDC.

Ex.C4: Legal Notice dated 17.10.2016 with RPAD receipt.

Ex.C5: Postal Acknowledgment dated 18.10.2016.

Ex.C6: Colour xerox of photo showing the damaged pack.

Witnesses examined on behalf of the Opposite Party:

 Nil

Documents marked on behalf of the Opposite Party:

Nil

Dated: 28.02.2017                                    PRESIDENT