IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday, the 31st day of December, 2011
Filed on 31/05/2011
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)
in
CC/No.181/2011
between
Complainant:- Opposite parties:-
Sri. A Rasheed, Hainz Manzil 1. The Manager, APS Cargo Movers
Mullathu Valappu No. 100A, Walltax Road
Thiruvampady P.O. Chennai – 79
Alappuzha
(By Adv. C. Muraleedharan) 2. Sri. S.Selladurai Nadar
Mint Street, Chennai
3. Sri. Faisal, C/o. Sri.Shajahan
Navas Manzil, South of Indira Junction
K.V. Nagar – I, Thathampally P.O.
Alappuzha
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri.A.Rasheed has filed this complaint on 31.5.2011 before the Forum. The main allegations of the complainant are as follows:- He had purchased 40.9 kg. of Aluminium Idly Panai, 65.450kg. of Soap plate and 68.250kg. of Expo Kadai totaling weight 174 kg. and 600 gram from the 2nd opposite party on 7.5.2010, after a payment of Rs.27,970/- and entrusted the first opposite party for transporting the said items to Alappuzha, after payment of Rs.900/- for Lorry charges. First opposite party had promised to deliver the goods within a week time at their franchise at Alappuzha. But the first opposite party failed to deliver the said goods to him at so far, and it caused loss hardship, mental agony, since he could not utilize the material in his business. The first opposite party is legally liable to deliver the goods entrusted with them through their franchise at a reasonable period for transporting. But they had failed to deliver it even after an year. He sent Lawyer’s notice on 28.7.2010. But he had not obtained any reply from them, and not obtained any relief so far. Hence this complaint, seeking proper relief.
2. Notices were issued to the opposite parties. But they have not appeared before the Forum, even though they have accepted the notices. Considering the absence of the opposite parties, they were declared as exparte on 16.08.2011 and 14.11.2011.
3. Considering the allegations of the complaint, the Forum has raised the following issues for consideration:-
1) Whether there is any deficiency in service and negligence on the side of the opposite
parties?
2) Whether the complainant is entitled to get the relief prayed for?
3) Compensation and costs.
4. Issues 1 to 3:- Complainant has filed proof affidavit in support of his case and produced 4 documents in evidence – Exts.A1 to A4 – marked. Ext.A1 is the purchase bill dt. 7.5.2010 for a sum of Rs.27,970/- issued by the 2nd opposite party to the complainant, at the time of purchasing the said item. Ext.A2 is the bill dt. 7.5.2010 for a sum of Rs.900/- issued by the 1st opposite party to the complainant in connection with the transport charges of the said item. It shows the name of the consignee ie. the complainant at Alappuzha. Ext.A3 and A4 are the Advocate note dt. 28.7.2010 by the complainant’s counsel to the first opposite party, and the postal acknowledgement of the said notice.
5. We have perused the entire matter of this case, and verified the documents produced by the complainant. It is alleged that the complainant had purchased certain items form the 2nd opposite party after paying a total sum of Rs.27,970/- and entrusted the items with the first opposite party for transporting the same to Alappuzha. He had paid a sum of Rs.900/- to the first opposite party towards Lorry charges and first opposite party promised that the item will reach at Alappuzha within a period of one week. But the complainant had not obtained the said item, so far. On a verification of the Exts.A1 and A2 shows that the opposite parties 1 and 2 have collected the charges from the complainant. But the complainant had not obtained the articles. The entire facts shows that there is grossest deficiency in service and culpable negligence and cheating. It further shows the unfair trade practice of the first opposite party by way of purposeful refusal to deliver the items to the complainant in time through their Franchise. Since the first opposite party have collected the amounts towards transporting charges from the complainant, the first opposite party is fully liable to deliver the items to the complainant in time. Any kind of deviation from that will amounts to deficiency in service and negligence. When contacted the first opposite party for collecting the same, the first opposite party is not shown any favourable attitude to trace out, the articles already entrusted by the complainant. It is alleged that for the last one year, the complainant had not obtained any response from the first opposite party regarding the delivery of the said items. The first opposite party is fully liable for the same and they are answerable for this. The whole actions taken by the first opposite party shows their illegal act with arbitrary nature. So after perusal of the entire facts and circumstances of this case and after a verification of the documents in evidence, we are of the strong view that the allegations put forward by the complainant are to be treated as genuine. It is to be noticed that even though the opposite parties have accepted the notice of this Forum, they were not cared to appear before the Forum for stating the reasons for non-delivery of the item sent by the complainant after payment of its charges. It shows the irresponsible attitude of the opposite parties and their unfair trade practice. So the complaint is to be allowed as prayed for. All the issues are found in favour of the complainant.
In the result, we hereby direct the first opposite party to pay the amount of Rs.27,970/- (Rupees twenty sever thousand nine hundred and seventy only) to the complainant towards the cost of goods entrusted with them for transporting the same through their franchise, together with interest of 18% per annum from 7.5.2010 (the date on which the complainant entrusted the good for transporting it to Alappuzha) to till the date of repayment of the amount. We further direct the first opposite party to pay an amount of Rs.25,000/- (Rupees twenty five thousand only) to the complainant for his mental agony, pain, harassment, physical strain, loss of goods and inconvenience due to the grossest deficiency in service, culpable negligence, unfair trade practice and cheating of the first opposite party by way of purposeful negligence to transporting the goods to the destination of the complainant in time through their franchise, and evaded from giving the details of the goods to the complainant purposefully. We further direct the first opposite party to pay a sum of Rs.2000/- (Rupees two thousand only) to the complainant as costs of this proceedings; We further ordered that the complainant is free to proceed against the assets of the first opposite party to realize the above said amount, in case any violation of this order by the first opposite party. The first opposite party shall comply with this order within 30 days from the date of receipt of this order.
Complaint allowed.
Pronounced in open Forum on this the 31st day of December, 2011.
Sd/- Sri. Anirudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext.A1 - Purchase bill dated 7.5.2010 for Rs.27,970/-
Ext.A2 - Bill dated 7.5.2010 for Rs.900/-
Ext.A3 & A4 - Advocate notice and postal acknowledgment
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
