CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 11th day of August 2014
CC/171/2013
PRESENT : SMT. SEENA. H, PRESIDENT Date of filing: 10/10/2013
: SMT. SHINY.P.R ,MEMBER
: SMT. SUMA K.P, MEMBER
Jyothish.R, S/o. Rajamani,
Mannayankad House,
Vithanassery, Nenmara P.O, Complainant
Palakkad Dist.
(By Adv.Joy Kanjirathinchalil)
Vs
The Manager,
Royal Rich Air Travel Services,
Sanjo Tower, Opp. K.S.R.T.C, Opposite party
Palakkad – 678 014
(By Adv. Manoj Ambat)
O R D E R
By Smt. Shiny . P. R. Member.
Brief facts of the case:- The complainant passed Electrical and Electronics Engineering degree course in April 2012. He had obtained an offer letter from Venture Way Electro mechanical Contracting Company , Abudhabi UAE. On 16-7-2013 the complainant approached the opposite party to attest the Degree certificate issued from Anna University from UAE Embassy New Delhi. Opposite party had assured the complainant that the certificate will be returned within 15 days. On believing the words of the opposite party complainant handed over the original degree certificate to the opposite party and Rs.1,000/- was paid by the complainant for that purpose. But the opposite party failed to give the original certificate with attested copy. On 11-9-2013 opposite party sent a letter to the complainant stating that the certificate is lost from the courier service. Complainant submitted that if the certificate had received on time, he would have got job in Venture Way Electro mechanical Contracting Company, Abudhabi on 20-8-2013 and he would have got 5000 Dharhams per month. Complainant further submitted that he had taken education loan to complete his studies. Complainant had lost the certificate due to the carelessness of the opposite party. By the acts of the opposite party, complainant has incurred loss of two month’s salary Rs.1,60,000/- (10000 Dharhams for two months), Rs.3,000/- for getting duplicate certificate from Anna university, Rs. 700/- for paper publication and Rs. 3,300/- for other expenses. Due to the deficiency in service of opposite party, the complainant is undergoing great mental agony and monetary loss. So the complainant seeking an order directing the opposite party to give Rs.2,00,000/- as compensation to the complainant.
Complaint was admitted and issued notice to opposite party and they entered appearance and filed version.
Contentions raised by the opposite party as follows:-Opposite party admitted the acceptance of original degree certificate of complainant for attestation from UAE Embassy, New Delhi. Opposite party also admitted that the certificate is lost from the courier service and it is beyond the control of opposite party. The opposite party had acted with due care and diligence as attributed on normal course of business and cannot be held liable for reasons that are beyond their control. The opposite party is only an agent for collecting the certificates and forwarding them to Delhi and hence the embassy is liable for the return of the attested certificate. The courier company and embassy are the necessary party in the complaint. They were not impleaded by the complainant. They also contended that the offer letter and visa produced by the complainant are fabricated documents. Opposite party is not responsible for the loss sustained to the complainant. Hence the complaint is liable to be dismissed.
Both parties filed their chief affidavit. Ext. A1 to Ext. A10 are marked from the side of complainant. Power of Attorney Holder of Complainant examined as PW 1.
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite party?
2. If so, what is the relief and cost?
ISSUES 1 & 2
Both parties heard: - We have perused the documents on record. As per Ext.A1 complainant admitted that the original certificate is entrusted with the opposite party on 16-7-2013. Opposite party sent a letter dated 11-9-2013 stating that the certificate is lost from the courier service. By Ext.A2 Opposite party admitted the facts that the certificate is lost. Complainant submitted that two months’ salary of 10,000/- Dharham (Rs. 1,60,000/-) was lost by non availability of attested certificate in time. No evidence is adduced by the complainant to prove that the two months’ salary is lost. In the offer letter Ext A4 which is produced by the complainant date is not mentioned. However the Opposite party is responsible for the loss of original degree certificate. Opposite party cannot wash off his hands by merely stating courier company is responsible for the loss of original certificate. No necessity to implead the courier service or embassy. There is a privity of contract between the complainant and the opposite party. No privity of contract between the courier company and complainant. Hence the opposite party is liable for the same.
In the view of above discussions, we are of the opinion that there is deficiency in service from the part of opposite party . Hence complaint is allowed partly. Opposite party is directed to pay Rs.35,000/- (Rupees Thirty Five Thousand only) as compensation for the mental agony caused due to deficiency in service of opposite party and Rs.2,000/-(Rupees Two Thousand only) as cost of proceedings.
Ordered amount shall be paid within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 11th day of August 2014
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/-
Smt.Suma K.P Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 - Cash Slip dated 16/07/2013
Ext.A2 - Notice sent by the Opposite party to the complainant dated 11/09/2013
Ext.A3 - Receipt (Ambal Communications) No. 224 dated 07/09/2013
Ext.A4 - Offer Letter sent by Venture Way Electromechanical Contracting to the
complainant.
Ext.A5 - Demand Draft No. 503909 dated 14/09/2013
Ext.A6 - Special power of Attorney dated 25/10/2013
Ext.A7 - Copy of Visa No. 101/2013/02/0227141
Ext.A8 - Education Loan card (No.PK/NB/ED/09/0043) from The Kerala State
Backward Classes Development Corporation Ltd.
Ext.09 - Copy of Pass port No. K3031408 dated 07/03/2012
Ext.10 - Copy of Visa No. 101/2013/02/0227141(subsequently produced) dated
26/09/2013
Exhibits marked on the side of the opposite parties
Nil
Witness examined on the side of complainant
PW1 - Bhavadasan.N
Witness examined on the side of opposite parties
Nil
Cost allowed
Rs. 2,000/- (Rupees Two Thousand only) allowed as cost of the proceeding.
