DATE OF FILING : 5.2.2016

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30^th day of April, 2016

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. LIZAMMA ABRAHAM. K. MEMBER

SRI. BENNY. K. MEMBER

CC NO.43/2016

Between

Complainant : Saju Velukunnel,

Mantrics Magics,

Kumali P.O.,

Idukki – 685 505.

And

Opposite Parties : 1. The Manager,

DTDC Courier Service,

Kumali,

Idukki.

2. The Manager,

DTDC Express Ltd.,

Registered Office No.3,

Victoria Road, Bangalore.

O R D E R

SRI. BENNY. K. (MEMBER)

Complainant is a Magician. He had sent certain magic items worth Rs.7000/- on 22.1.2016 through opposite parties' courier to Mr. K.C. Thripadi, M.72, 2^nd Phase, G.O. Nagar, Rourkala, Odisha, by paying Rs.100/- to the opposite party institution. The said parcel had not yet reached the addressee till date. The non-delivery of the parcel caused much loss to the addressee. The addressee could not perform the show without the articles sent, hence a loss of Rs.25000/- occurred due to the same. This matter was informed the opposite parties, but opposite parties have not taken any steps to redress the complainant's grievance. Opposite party is liable to pay the price of the items couriered and the charges acquired by the opposite parties and also compensation for the mental agony suffered due to the act of the opposite parties.

2. In spite of notice from this Forum, opposite parties never turned up, hence made exparte.

(cont.....2)

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3. The point for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?

4. The evidence consists of oral testimony of PW1 and Ext.P1 marked on the side of complainant.

5. The POINT :- Complainant had sent certain magic items through the opposite parties' courier service. The said parcel had not delivered in the name of the addressee. The addressee could not perform magic shows without the articles, hence a loss of Rs.25000/- caused due to the same. This matter was duly informed the opposite parties, but they have not taken any steps to redress the matter. Hence complainant approached this Forum for compensation for the financial loss and mental agony due to the negligent act of the opposite parties.

Ext.P1 proves that the said parcel has been entrusted with opposite party for sending to the addressee. 2^nd opposite party being the company should be more responsible in dealing with the items they handle. Opposite parties are too irresponsible even in appearing before the Forum. They have not challenged or contested the allegation raised by the complainant. Complainant is entitled to get the price of the items he had sent and also for compensation for the financial loss and mental hardships he had suffered due to the negligent act of the opposite party.

Hence the petition allowed. Opposite parties are directed to pay Rs.25,000/- to the complainant and also directed to pay Rs.2500/- as compensation and Rs.2000/- as cost of this petition, within 30 days of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default till its realisation.

Pronounced in the Open Forum on this the 30^th day of April, 2016

Sd/-

SRI. BENNY K. (MEMBER)

Sd/-

I agree SRI. S. GOPAKUMAR (PRESIDENT)

Sd/-

I agree SMT. LIZAMMA ABRAHAM. K. (MEMBER)

(cont.....3)

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APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Saju Velukkunnel.

On the side of the Opposite Party :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - Courier receipt.

On the side of the Opposite Party :

Nil.

Forwarded by Order,

SENIOR SUPERINTENDENT