BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              :           PRESIDENT

SMT. PREETHA G. NAIR                           :           MEMBER

SRI. VIJU  V.R.                                             :           MEMBER

C.C.No. 178/2020 Filed on 23/09/2020

ORDER DATED: 05/08/2022

ORDER

SMT. PREETHA G. NAIR: MEMBER

The complainant is running with name and style M/s.Insta sports dealing with Fencing Equipment in Kerala.  The business is running for the purpose of earning his livelihood by means of self employment for supplying of many international brands and companies sports equipments all over India.  On 09/10/2019 complainant sent expensive fencing equipment through opposite party courier service from Thiruvananthapuram to Manipur for an amount of Rs.14,042/-.  Complainant utter shock and dismay, the consignment was delivered to a stranger in Kolkatta.  In the meantime complainant was making all possible endeavors to contact the opposite party courier service regarding this consignment but the complainant did not receive any response from the opposite party.  The complainant eventually had to send another set of equipment to the customer at Manipur.  Later, only when the person who got the delivery at Kolkata called the correct address and informed about such a mistake the complainant got to know and informed the opposite party courier service of the same.  Subsequently it was delivered to the correct address at a very later stage after almost one month.  Due to such inordinate delay the complaint customer at Mnipur was unhappy and stopped all transactions with complaint.  The complaint informed the opposite party office of such happening an office staff of the opposite party personally came and met the complainant and assured that such events will not happen in the future.  Based on such assurance the complainant entrusted other consignments to opposite party.  However such an unfortunate incident happened yet again on 19/11/2019 on that date the complainant had sent valuable equipment from Thiruvananthapuram to Gujarat for an amount of Rs.24,736/-.  This shipment was fencing equipment for a fencer from Gujarat who was supposed to participate in the 13^th SAF games from December 1 to 10^th  December 2019.  Till date, this shipment has not reached the destination.  The complainant tracked the consignment on opposite party website, it is shows that the consignment is still in Kochi.  The above action on the part of opposite party amounts to deficiency in service under the Consumer Protection Act. 2019.  Complainant gave a complaint to opposite party office for this mistake and no action was taken for it.  On 03/12/2019 the complainant contacted the opposite party Area Manager and told him that the consignment has not been delivered yet.  He told the complainant that he will inspect the same and get back to him shortly but he did not call the complainant or respond in any way.  On 09/12/2019 the complainant called him and enquired about the consignment.  The opposite party response was that complainant consignment was lost.  The approximate value of the shipment is around Rs.2,00,000/-.  It is due to the bad and faulty services of opposite party courier service that the complainant lost his expensive consignments.  Moreover the complainant customer at Gujarat.  The Gujarat sports council, cancelled all remaining orders with complainant sports equipments due to the fact that this consignment was not delivered.  On 17/12/2019 complainant send advocate notice to the opposite party they accepted the legal notice and there was no reply from the side of opposite party.  The complainant has suffered great financial loss and damages on account of the loss of consignment from the side of opposite party hence the complaint.     

After accepting the notice the opposite party was absent and opposite party set ex parte.  Complainant filed proof affidavit and documents.  Ext.A1 to A5 marked.

Issues to be considered are:-

1. Whether there is any deficiency in service on the part of the opposite party?
2. If so, what is the cost and relief?

Issues No.1&2:- Ext.A3 shows that complainant’s shop delivered equipment to Manipur for an amount of Rs.14,042/-.  Ext.A1 is the copy of consignment receipt dated 09/10/2019.  Ext.A2 is the copy of consignment receipt dated 19/11/2019 delivered to Gujarat.  As per Ext.A4 the value of equipment was Rs.24,736/- issued by the shop of complainant.  This shipment was fencing equipment for a fencer from Gujarat who was supposed to participate in the 13^th SAF Games from December 1 to 10 2019.  The complainant stated that this shipment was not reached the destination till date.   Finally the complainant tracked the consignment on opposite party’s website and showed that this is still in Kochi.  After filing the complaint to opposite party’s office by complainant, there was no action was taken for it.  The complainant stated that opposite party response was that his consignment was lost and thereafter the Gujarat sports council cancelled all remaining orders with his firm due to this consignment was not delivered.  The opposite party had not sent reply to the advocate notice.  According to the complainant the approximate value of the shipment is around 2 lakhs.

It is due to the bad and faulty service of opposite party service that lost his expensive consignment.  On 09/10/2019 consignment was delivered to a stranger in Kolkata.  Later only when the person who got the delivery at Kolkata called the correct address and delivered to the correct address at a very later stage.

The opposite party had not produced evidence to disprove the case of complainant.  In view of the above discussion we find that the act of opposite party amounts to deficiency in service. 

In the result complaint allowed we direct the opposite party to pay Rs. 1,00,000/- (Rupees One Lekhs only) as value of the loss of articles and pay Rs.10,000/- (Rupees Ten Thousand Only) as compensation for deficiency in service and pay Rs.2,500/- (Rupees Two Thousand Five Hundred Only) as cost of the proceedings to the complainant within one month from the date of receipt of this order, failing which the amount except cost shall carry 9% interest from the date of order till the date of payment/realization.            

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 05^th day of August,  2022.

R

C.C. No. 178/2020

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

                                                                                                                            Sd/-

PRESIDENT