Tamil Nadu

Nagapattinam

CC/1/2015

S. Balasubramainyan - Complainant(s)

Versus

The Manager, The Professional Courier - Opp.Party(s)

S. Shanmugam

20 Jul 2015

ORDER

                                                                                                   Date of Filing      : 20.01.2015

                                                                                         Date of Disposal: 20.07.2015

           

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

NAGAPATTINAM

 

PRESENT: THIRU.P.G.RAJAGOPAL, B.A.B.L.,         …..PRESIDENT

    THIRU.A.BASHEER AHAMED,B.Com., …. MEMBER I

                   Tmt. R.GEETHA, B.A.,                             …. MEMBER II

 

CC. No.01/2015

 

DECIDED ON THIS 20^th DAY OF JULY 2015.

 

 

S.Balasubramanian,

S/o Sankaran Mudaliar

5/116, Pillaiyar Koil street,

Manjakollai Village,

Nagapattinam Taluk and District.                … Complainant

                                                                                      

                                                                /versus/

 

1. The Manager,

 The Professional Courier,

  21B,Neela Melavadambokki Street,

  Nagapattinam Taluk and District.

2.  The Administrative Manager,

  The Professional Courier,

  Tiruvarur Taluk and District.

3.   The Administrative Manager,

The Professional Courier,

Thanjavur Town and Taluk.                           … Opposite parties

 

        

            This complaint having come up for final hearing before us on 29.06.2015, on perusal of the material records and on hearing the arguments of Thiru.S.Shanmugam , Counsel for the complainant and the 1^st and 2^nd opposite parties  originally represented by Thiru.S.Karthikesh and subsequently set exparte, the 3^rd opposite party having been set exparte  and having stood for consideration, till this day the Forum passed the following

ORDER

     By the President, Thiru.P.G.Rajagopal, B.A.B.L., 

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act 1986.

                        2. The gist of the complaint filed by the complainant is that he sent two sets of special uniform dresses to his daughter Mageshwari who was studying B.Tech., in the Indian Institute of Graph Processing Technology to be used by her in the world conference competition that was to take place on 06.02.2014 and 07.02.2014.  The complainant sent the parcel containing uniform dress on 28.01.2014 through the 1^st opposite party and paid Rs.50/- towards charges therefor and had the receipt also.  But the said parcel did not reach his daughter till date, with the result his daughter could not participate in the conference and lost her opportunity to have a good future. When the complainant approached the 1^st opposite party and informed about the non delivery of the parcel to his daughter, the latter did not give any proper reply and was evasive, he also gave a complaint before the 1^st opposite party on 31.01.2014 and it was registered as 3029/2014, no reply is given by the 1^st opposite party till date.  The complainant gave another complaint on 24.02.2014 and it was also not replied.  On 14.06.2014 the complainant sent a notice through his lawyer claiming the value of the dresses and compensation but the opposite parties though received the notice did  neither reply nor comply with the demand of the complainant.  Therefore the complainant prays for an order to direct the opposite parties to pay jointly or severally the sum of Rs.7,500/- the value of the dresses sent through them and compensation of Rs.50,000/- for the mental agony, humiliation and  inconvenience caused to him, to pay the cost of this complaint and grant such and other reliefs as this Forum may deem fit.

                        3. The 3^rd opposite party though received the notice did not appear and was set exparte.  The 1^st and 2^nd opposite parties though engaged a counsel subsequently failed to file their written arguments and they were also set exparte. The complainant has filed his proof affidavit in support of his claim and filed 5 documents which are marked as Exhibits A1 to A5.  Written arguments have been submitted by the complainant.

4.  Points for consideration:-

 

                        1. Whether there is any deficiency of service on the part of the opposite  parties?

                      2. Whether the complainant is entitled to any relief? If so to what relief?

                        5. Point 1: The main allegation of the complainant is that the parcel containing the two sets of new uniform dresses and one set of old uniform dress of his daughter Mageshwari who was studying B.Tech., in the Indian Institute of Graph Processing Technology at Thanjavur, sent through the 1^st opposite party had not been delivered to her till date and because of the negligence and deficiency of service of the opposite parties, his daughter could not participate  in the world conference competition held in her college and thereby lost her opportunity and future prospects.

                        6. The complainant has filed Exhibit A1, the consigner copy  for booking the parcel to be delivered to his daughter Mageswari and had has booked it on 28.01.2014 and has paid Rs.50/- towards charges, Exhibit A2 is the copy of the complaint given by the complainant to the 1^st opposite party on 24.02.2014, complaining about the non delivery of the parcel sent to his daughter, Exhibit A3 is the another letter sent to the 1^st opposite party on 08.05.2014 under registered post with acknowledgment due, Exhibit A4 is the office copy of the notice dated 14.06.2014 sent by the complainant’s counsel to the opposite parties and Exhibit A5 is the series of the 3 postal acknowledgment cards received by the opposite parties no 1 to 3 respectively.

 

7.  The very attitude of the opposite parties in no giving even a reply to the various letters and the Advocate’s notice sent to them and their remaining exparte throughout the proceedings gives an inference to this Forum that the opposite parties have no objection or defence to make against the allegations made by the complainant.  The failure of the opposite parties to deliver the parcel containing the uniform dresses sent by the complainant to his daughter is undoubtedly the negligence and deficiency of service on their part.  Therefore this Forum without any hesitation finds that there is deficiency of service on the part of the opposite parties.

                        8. Point 2: In the result, the complaint is allowed.  The opposite parties  are directed to pay jointly or severally the sum of Rs.7,500/-(Rupees seven thousand and  five hundred only), the value of the materials sent by the complainant through them, to pay Rs.50,000/-(Rupees fifty thousand only) towards compensation for the mental agony, inconvenience and hardship caused to him owing to the deficiency of service of the opposite parties and to pay Rs.2,000/-(Rupees two thousand only) towards cost of this complaint.  The opposite parties are directed to pay the said amount of Rs.7,500/- and Rs.50,000/- within 30 days from the date of this order, failing which the said amount shall carry an interest at the rate of 12% per annum from the date of this order till the date of its realization.

This order is dictated by me to the Steno-Typist, transcribed, typed by him, corrected and pronounced by me on this 20^th  day of  July 2015.

 

 

    MEMBER I                                    MEMBER II                                 PRESIDENT

 

 

 

 

List  of document   filed by the complainant

Ex.A1/Dt.28.01.2014: The Xerox copy of the consignor copy for booking of parcel to the

    complainant’s daughter’s name and payment Rs.50/- towards

    charges.

Ex.A2/Dt.24.02.2014: The Xerox  copy of the complaint given by the complainant to the

   1^st opposite party.

Ex.A3/ Dt.08.05.2014: The Xerox copy of the the another letter sent to the 1^st opposite

    party under registered post with acknowledgment due.

Ex.A4/Dt.14.06.2014: The office copy of the notice sent by the complainant’s counsel to

   the opposite parties.

Ex.A5/Dt.                   : The series of the 3 postal acknowledgment cards received by

   the opposite parties no 1 to 3 respectively.

 

 

    MEMBER I                                    MEMBER II                                 PRESIDENT