By G. Yadunadhan, President: The case of the complainant is that the husband of the complainant has been working abroad and in the month of April 2007, complainant’s husband sent one B.P. apparatus machine, one sugar testing apparatus and one plan of house and some clothings worth Rs.10,100/- with his co-worker named Kamalahasan, who is residing at Chengannur. On 4.4.2007 the above Kamalahassan sent this articles through opposite party as No.007021558 at Chengannur, Alappuzha and collected Rs.50/- as booking charge. After a long period the above parcels not reached to the complainant and the above Kamalahasan sent a notice to the above two opposite parties and there was no response from them. Later the complainant searched about the details about the articles through their website www.dtdc and found that the above consignments are lost in transit. On 2nd August 2007 complainant sent a registered lawyer notice to the opposite parties and the 1st opposite party accepted the notice on 6.8.2007 and the second opposite party accepted the notice on 18.8.2007, but did not even sent a reply notice. Therefore, complainant is seeking relief against opposite parties to pay a compensation of Rs.10100/- along with costs. After serving notice, opposite parties 1 and 2 were called absent and set exparte. Complainant filed affidavit and she was examined as PW1. Exts. A1 to A8 were marked. From the evidence and Exts. A1 to A8, complainant’s case is proved. On a perusal of the documents produced by the complainant, none of the documents reveals the actual value of the consignment, even though Forum is allowing Rs.5000/- towards value. In the result petition is allowed and the opposite parties 1 and 2 are directed to pay an amount of 5000/- along with a cost of Rs.500/- to the complainant. Opposite parties are directed to comply the order within 30 days on receipt of the copy of this order. Pronounced in open Court this the 20th day of March 2009. Sd/-President Sd/-Member APPENDIX Documents exhibited for the complainant: A1 Photocopy of the booking receipt issued by the oppositeparties. A2 e-mail dated 5.11.07. A3 photocopy of letter issued by Kamalahasan dated 17.5.07. A4 Photocopy of lawyer notice dated 2.8.2007. A5 Postal receipts. A6 Postal acknowledgement cards. A7 Postal acknowledgement cards. A8 Bill dated 23.3.2007. Documents exhibited for the opposite parties: Nil. Witness examined for the complainant: PW1 Reena Nair, D/o. NC.S.Nair, Schanas House, Kallurutty P.O. – Complainant. Witness examined for the opposite parties: None. -/True copy/- Sd/-President (Forwarded/by Order) Senior Superintendent.
......................G Yadunadhan B.A. ......................Jayasree Kallat M.A. | |