Tamil Nadu

South Chennai

CC/147/2015

R.Narasimhan - Complainant(s)

Versus

The Manager M/s.DTDC Couriers and Carge Ltd., - Opp.Party(s)

Party in Person

27 Oct 2015

ORDER

                                                                          Date of Complaint  : 25.03.2015

                                                             Date of Order        : 27.10.2015

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,                  : PRESIDENT                     

                     TMT.K. AMALA, M.A. L.L.B.,                                : MEMBER – I

                     DR.T.PAUL RAJASEKARAN, M.A D.Min HRDI, AIII,BCS : MEMBER - II

                                                     

C.C.No. 147 / 2015

THIS  TUESDAY  27^th   DAY OF  OCOTBER 2015

 

R. Narasimhan,

S/o. B.R. Ramasethu,

Sreenagar Colony,

Thirumullayoyal,

Chennai – 62.                                                   .. Complainant.

                                                         - Vs-

 

The Manager,

M/s. DTDC Couriers & Cargo Ltd.,

Chennai Apex,

A.20, TVK Indl Estate,

Guindy,

Chennai – 32.                                                       .. Opposite party.     For the complainant                    :  Party in person.		.. Opposite party.
For the opposite party.                     : Exparte.

      

           Complaint under section 12  of the Consumer Protection Act, 1986 for a direction to the opposite party to pay a sum of Rs.90/-  towards expenses of courier booking and also to pay a sum of Rs.50,000/- as compensation and belated delivery of the articles to the complainant.  

ORDER

THIRU.   T.PAUL RAJASEKARAN ::    MEMBER-II

Even after receipt of the notice, the opposite party did not file written version.  Hence, the opposite party was set exparte on 19.5.2015.          The complainant filed proof affidavit.  Exhibits A1 to Ex.A3  were marked on the side of the complainant.  

2.     Perused the complaint, and the documents Ex.A1 to Ex.A3  filed by the complainant  and proof affidavit and the entire C.C. records and considered the arguments of the complainant in person.  

3.     The complainant had sent a closed cover article to be dispatched by opposite party i.e. DTDC courier to Erode on 8.1.2015 for speedy and fast to delivery to be effected to the addressee, but the opposite party has not delivered the closed cover article Ex.A2 till 21.1.2015 and further communication given by the complainant on 22.1.2015 also proves the said consignment was not delivered to the addressee mentioned in the  Shipment receipt No.C58001910, dated 8.1.2015.    After receiving the two communications from the complainant the opposite party neither bothered to reply to the complainant nor submitted any proof of delivery to the complainant.     The complainant while claiming for mental agony he has furnished it is a belated delivery.   Even after approaching this forum the opposite party has not bothered to give their explanation about the delay.    It is clearly proves the deficiency of service on the part of the opposite party as per the evidence submitted by the complainant vide Ex.A2 & Ex.A3.  

 

4.     Hence we are of the considered opinion that the opposite party has caused mental agony to the complainant for the non delivery of the closed cover article which has to be delivered for the urgent purpose has not been materialized.   As such the opposite party have committed deficiency of service  which caused mental agony and hardship to the complainant is acceptable.    Whereas in this proceeding though the notice was received by the opposite party neither appeared in person nor through counsel  before this forum and not filed any written version and not contested the case.  As such the opposite party remain exparte in this proceedings.

 

5.         Therefore we are of the considered view that the opposite party is liable to pay a sum of Rs.10,000/- towards compensation for mental agny and hardship and also to pay a sum of Rs.2,500/- as litigation charges to the complainant.

        In the result, the complaint is partly allowed.  The opposite party is directed to pay a sum of Rs.10,000/- (Rupees ten thousand only)  towards compensation and also to pay a sum of Rs.2,500/- (Rupees Two thousand and five hundred only) as litigation charges to the complainant within six weeks from the date of this order failing which the compensation amount of (Rs.10,000/) shall carry interest at the rate of 9% per annum from the date of order  passed till the date of realization.

                Dictated directly by the Member-II to the Assistant, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the 27^th     day of  October   2015.

 

 

MEMBER-I                                        MEMBER-II                                           PRESIDENT.

Complainant’s Side documents :

Ex.A1-  8.1.2005       - Copy of courier receipt.

Ex.A2- 22.1.2015      - Copy of registered letter addressed to the opposite party.

Ex.A3- 6.2.2015        - Copy of registered letter addressed to the opposite party.

 

Opposite party’s side documents: -  

            .. Nil..      (Exparte)

 

 

 

 

MEMBER-I                                         MEMBER-II                                          PRESIDENT.