<br /> <br /> <br /> By ADV. RAVI SUSHA, MEMBER<br /> <br /> The complainant filed this complaint for realizing value of consignments and for compensation.<br /> <br /> The averments in the complaint can be briefly summarized as follows:<br /> <br /> The complainant is the proprietor of Auto Marine Distributors, Beach Road, Chinnakkada, Kollam. The 3rd opp.party had sent a consignment No.4429 on 16.4.2002 from Delhi to Kollam through the professional courier who managers are 1st and 2nd opp.parties. The consignment had to be delivered to the complainant at Kollam. The above consignment had lost and not yet reached to the Kollam office and not yet delivered to the complainant. Since the consignment was not delivered to the complainant was not delivered to the complainant he had contacted the Kollam office of Professional couriers and from there he got information that the consignment had not reached the Kollam office of Professional Couriers. The consignment sent by the 3rd opp.party had not reached the Kollam Office as lost and was not delivered to the complainant. So the complainant is claiming compensation from the opp.parties. Hence the complaint.<br /> <br /> 1st opp.party was declared exparte.<br /> <br /> The 2nd opp.party filed a version contending interalia . The 2nd opp.party filed version contending that there is no consumer relationship between the complainant and 2nd opp.party. The complainant has not availed the service of this opp.party. The consignment alleged to have been sent by the 3rd opp.party through the 1st opp.party has not reached the office of this opp.party. Hence there is no consumer relationship between the complainant And this opp.party and the complaint is liable to be dismissed. The complaint is filed in collusion with the 3rd opp.party and it is suspected that no such consignment was sent. The liability of this opp.party to deliver the consignment to the complainant arises only if the consignment sent through another courier office reaches the Kollam office of 2nd opp.party, Unless and until the consignment reaches the office of this opp.party, the booking office, ie. The Delhi office is liable for the non- delivery of article. So there is no negligence or deficiency in service on the part of the 2nd opp.party and the complainant is liable to be dismissed with cost of this opp.party.<br /> <br /> <br /> For the complainant PW.1 is examined and marked Ext.P1 to P4. <br /> <br /> For the 2nd opp.party DW.1 is examined and marked Ext.D1,<br /> <br /> 1st opp.party remained absent and was set exparte. The 3rd opp.party filed version contending that the consignment was sent to the complainant on 16.4.20004 through 1st opp.party and hence 3rd opp.party is not responsible for the non deliver of the article to the complainant. But 3rd opp.party has not adduced any evidence.<br /> <br /> The point that would arise for consideration are:<br /> <br /> [1] Whether there is any deficiency in service on the party of the opp.parties<br /> [2] Reliefs and costs<br /> <br /> <br /> Points [1] & [2]:<br /> <br /> The case of the complaint is that the consignment was booked at Delhi Office of Professional Courier was not delivered to the complainant through the Kollam Office of Professional courier and he got information that the consignment had not reached the Kollam Office of profession courier.<br /> <br /> Hence only 2nd opp.party has contended the case. According to 2nd opp.party the consignment sent by the 3rd opp.party through the 1st opp.party has not reached the office of this opp.party. The liability arises only when the consignment sent through another courier office reaches the Kollam office of 2nd opp.party. Hence there is no negligence or deficiency in service on their part.<br /> <br /> For proving the case the complainant has produced 4 documents. There of them are letters and Ext.P3 is the receipt showing that the consignment valued Rs.425/- was booked at 1st opp.party’s office by the 3rd opp.party on 16.4.2004. That means 3rd opp.p;arty had done their duly. The liability of the 2nd opp.party arises only when the consignment sent by the 1st opp.party reaches at the office of the 2nd opp.party. The complainant in this case could not prove that the consignment sent by the 1st opp.party reaches at the office of the 2nd opp.party. PW.1 has not produced any material worth believable to show that the consignment sent by the 1st opp.party reaches at the 2nd opp.party’s office. In the absence of any material worth believable, the only inference that can be drawn in that version of the 2nd opp.party that the consignment has not been reached in this office is correct.<br /> <br /> Hence we are of the view that 2nd opp.party has not committed any deficiency in service. For non delivery of consignment, the 1st opp.party alone is responsible because Ext.P3 shows that the consignment was booked at the 1st opp.party’s office on 16.4.2004. Hence there is deficiency in service on the part of the 1st opp.party. Next question to be decided in the value of consignment. Ext.P3 shows the value of consignment is Rs.425/- with relating to other consignments, no material evidence has not been produced by the complainant.<br /> <br /> In the result, the complaint is allowed in partly. The 1st opp.party is directed to pay Rs.425/- [the value of consignment as per Ext.P3] with 9% interest from 16.4.2004 till the date of realization to the complainant. The 1st opp.party is also directed to pay Rs.2000/- as compensation and cost to the proceedings. The order is to be complied with within one month from the date of receipt of this order.<br /> <br /> Dated this the 31st day of March, 2008.<br /> <br /> <br /> I n d e x<br /> <br /> List of witnesses for the complainant <br /> PW.1. – Rajan.N.M.<br /> <br /> List of documents for the complainant<br /> P1. – Notice to the 2nd opp.party<br /> P2. Letter to the 2nd opp.party<br /> P3. – Parcel’s Original receipt sent lby 3rd opp.party to 1st opp.party<br /> P4. – Returned Registered notice issued to 2nd opp.party<br /> <br /> List of witnesses for the opp.party<br /> DW.1 – Kannan<br /> <br /> List of documents for the opp.party<br /> D1. – Inter Office Memo<br />