DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 27th day of February 2021
Present: Sri.V.P.Anantha Narayanan, Member(President I/c)
: Smt.Vidya.A, Member Date of Filing:23/11/2020
CC /146/2020
Vasu.K,
Thuvarakattil Veedu, - Complainant
Kappukad, Kanjikulam(PO),
Kalladikode, Palakkad.
(By Advs.M.Raveendran & M.J.Vince)
V/s
1. The Manager,
DTDC Courier Service Express Ltd.,
Opposite Kalladikode Police Station,
Kalladikode, Palakkad.
2. The Manager,
DTDC Courier Service Express Ltd.,
V.J.Jose Complex, - Opposite parties
Opposite West Entrance of Railway Station,
P&T Quarters Road,
Poothole, Thrissur.
O R D E R
By Smt.Vidya.A, Member
Brief facts of the complaint
Complainant in this case is a retired Government servant now engaged in agriculture. Complainant’s son and daughter-in-law are staying abroad and their children are staying with the parents of the daughter-in-law in Thrissur. The complainant has love and care for his grand children and he used to visit them frequently. During the pandemic situation as he was unable to see them, he wanted to send some articles to them. So the complainant decided to send some fruits; banana and papaya grown in their field to his grand children. So he approached the 1st opposite party courier service and they agreed to deliver the above mentioned items within twenty four hours if the complainant is ready to pay Rs.40/- per kilogram.
The complainant agreed this and on 30/10/2020, he entrusted the bananas and papayas weighing 17 ½ kg. with the 1st opposite party for delivering it to his grand children’s address in Thrissur with their phone number. The opposite parties after receiving the courier charges, agreed to deliver it to the given address on the very next day itself. But the parcel was not delivered on 31/10/2020 as agreed. So the complainant and his son had contacted the 2nd opposite party, but they did not give any clear reply regarding the non-delivery of the items send through their courier service. The 2nd opposite party only gave a vague reply that the area is declared as containment zone on 03/11/2020 evening. The complainant’s son contacted them continuously over telephone and finally the parcel was delivered to the address on 04/11/2020. But when the children opened the parcel with pleasure and curiosity, they found the items in a rotten condition which caused great mental agony and dismay to the children. This happened because of the deficiency in service on the part of the opposite parties. If the opposite parties had delivered the items within the agreed time, this would not have happened. The complainant had suffered mental agony when the children expressed their sorrow. The opposite parties had received the parcel charges from the complainant for ‘express delivery’ and they failed to discharge their duty within time. Hence this complainant is filed for getting the cost of the goods amounting to Rs.2,500/- for the deficiency in service on the part of the opposite parties and Rs.7,500/- as compensation for the mental agony suffered by the complainant and Rs.1,000/- as cost of proceedings.
Complaint admitted and notice issued to the opposite parties. Even after receiving the notice, the opposite parties did not appear before the Forum. Hence their name called, absent and they were set ex-parte.
Complainant filed chief affidavit and Ext. A1 marked.
Main issues arising for consideration are:
- Whether there is any deficiency in service on the part of the opposite parties?
- If so, what is the relief as to cost/Compensation?
Issues 1 & 2
Heard the complainant and perused the affidavit and documents. Ext.A1 is the receipt issued by the 1st opposite party to the complainant with consignment No.D61448304. In Ext.A1, the weight of the item is shown as 17.500kg. and the recipient’s address is shown to be in Thrissur District.
As per the complaint, the complainant had sent some fruits - banana and papaya grown in his field weighing 17.5kg. to his grand children in Thrissur through the opposite parties on 30/10/2020. The opposite parties promised to deliver these items on the very next day itself. But they did not deliver the items within time and when it was delivered after five days, the fruits were in a perished condition and his grand children could not use it.
When perishable items like fruits are sent through courier, they have to be delivered within time, otherwise it will be of no use. Here according to the complainant the opposite parties after receiving charges for ‘express delivery’ failed to deliver them in time. So when it was delivered after five days they were not in a condition to use. There is clear deficiency in service on the part of the opposite parties for which they have to compensate the complainant. Complainant would have definitely suffered mental agony when the fruits grown in his own field and sent with utmost affection could not be used by his grand children.
As the opposite parties remained ex-parte, the evidence adduced by the complainant stands unchallenged.
In the result, the complaint is allowed.
We direct the opposite parties to pay jointly and severally an amount of Rs.2,500/-(Rupees Two thousand and Five hundred only) as cost of the items and compensation for deficiency in service, Rs.1,500/-(Rupees One thousand and Five hundred only) for the mental agony suffered by the complainant and Rs.1,000/-(Rupees One thousand only) as cost of proceedings.
The order shall be executed within 30 days from the date of receipt of this order; otherwise complainant is also entitled to get interest @ 9% per annum on the total amount due to him from the date of this order till realization.
Pronounced in the open court on this the 27th day of February 2021.
Sd/-
V.P.Anantha Narayanan
Member(President I/c)
Sd/-
Vidya.A
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 – Receipt issued by the 1st opposite party to the complainant with consignment No.D61448304.
Exhibits marked on the side of Opposite parties
NIL
Witness examined on the side of complainant
NIL
Witness examined on the side of opposite parties
NIL
Cost : Rs.1,000/-
