By. Smt. Saji Mathew, Member:-
The gist of the case is as follows:- The complainant booked a consignment with the opposite parties on 08.11.2011 to be delivered to his friend at Trivandrum. The consignment contained food materials cost Rs.3,000/- and weighed 2.500 kg. The manager of the opposite party assured that the consignment would reach Trivandrum within two days.
2. On enquiry with the addressee, the complainant got information that the consignment reached Trivandrum as opened and the same was sent back to the opposite party. Then the complainant contacted the opposite party and found the consignment in completely opened condition. Many items were missing, only one item ie 1 kg Honey was remaining in the consignment. The complainant demanded Rs.3,000/- as compensation, which the manager refused. Hence the complainant pray for an Order directing the opposite party to give Rs.3,000/- for the consignment and Rs.5,000/- as compensation.
3. The opposite party admitted the booking of assignment by the complainant on 08.11.2011. The consignment reached Trivandrum on 10.11.2011. At the delivery point, the consignment was seen opened and the addressee refused to accept the same. Since the sender furnished no contact telephone number the opposite party could not contact the complainant then and there.
4. The consignment on its way from Wayanad to Calicut was checked by sales tax authorities and in the random checking this particular consignment weighing 2.5 kg was opened. At the time of checking there were tea dust, dates and honey in it. The addressee refused to receive the consignment as it was seen opened.
5. The cost of the articles in the consignment was not known to the opposite party. There was no kumkumapoo in the consignment as alleged by the complainant. The articles booked were intact and available with the opposite party as it was returned from Trivandrum as unserved. The opposite party is ready to hand over the articles at anytime to the complainant.
6. There is no deficiency in service on the side of the opposite party in dealing with the consignments. The consignments booked are subject to legal verification by the tax department. Therefore the opposite party pray for an order dismissing the complaint.
7. The complainant was examined as PW1. Documents were marked as Exts.A1 to A3. Opposite party was as OPW1. Documents was marked as Ext.B1 on the side of the opposite party. The packing case of the consignment was marked as MO 1. One witness was examined on the side of opposite party as OPW2.
8. The matters to be decided are:-
1. Whether there is any deficiency in service on the side of the opposite party?
2. Whether the complainant is entitled for any relief?
9. Point No.1 :- The opposite party admit that the consignment was opened by the sales tax authorities and it was presented to the addressee in an opened condition. The sales tax checking was done at Lakkidi. So, the consignment was conveyed open during the entire remaining route. The opposite parties could have repack the consignment and make an endorsement regarding the sales tax checking on it. Here, the consignment was handled in most irresponsible manner. There is deficiency in service on the side of the opposite party. Hence point No.1 is found against the opposite party.
10. Point No.2:- The opposite party admit that the content of the consignment was dates, tea dust and honey. The dispute is only regarding the presence of kumkumapoo. At the time of sales tax checking, the opposite party has not made a list of content or valuation of its contents. The opposite Party could not deny the statement of complainant that the cost of consignment is Rs.3,000/-. So, the opposite party is liable to pay Rs.3,000/- with reasonable compensation for the discomfort and difficulties caused to the complainant.
Therefore the complaint is partly allowed and the opposite party is directed to give the complainant an amount of Rs.3,000/- (Rupees Three Thousand Only) as cost of articles in the consignment and a compensation of Rs.1,000/- (Rupees One Thousand Only) within 30 days of the receipt of this Order. The opposite party is also directed to give 10% interest on the ordered amount from the date of Order till payment.
Pronounced in Open Forum on this the day of 20th April 2012.
Date of Filing:27.12.2011.
