SRI. SAJEESH.K.P    : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019,  seeking direction against the  OPs to  give  Rs.1,00,000/- as compensation  for mental distress and financial loss .

Complaint in brief :-

    According to the complaint,  complainant with an intention to leave the job at Bangalore, decided to sent his house hold items through 1^st OP by paying the  fees prescribed  by them for the transportation.  The complainant obtained receipt from 1^st OP after the transportation and payment.  To the surprise of complainant, he waited for 2 weeks and not  received  the goods sent through  1^st OP.  The 2^nd OP which is a  sister organization  of 1^st OP was contacted by  complainant and  after 23 days on 22/9/2021 complainant went to premises of 2^nd OP, on the information received that  complainant’s goods  has arrived.  On inspection  complainant found that the good sealed by complainant was broken completely.  For eg: LED TV,CPU,LCD monitor, kitchen items are completely  damaged and become unuseful.  The complainant immediately called 1^st OP to report the situation and  both OPs evaded to answer  complainant properly and  thereby complainant sustained loss due to the deficiency in service.  Hence this complaint.  

      After filing the complaint, commission sent notice  to both  OPs.  Both OPs notices are duly served.  But 1^st OP is not appeared before the commission and not filed any version .  So the  commission came into a conclusion that the case to be proceed against 1^st OP is set exparte.  2^nd OP  entered appearance before the commission and filed their version.

Version in brief of  2^nd OP:

     The 2^nd OP denied the entire averments except those specifically admitted.  On 30/8/2021, the complainant handed over a parcel to 1^st OP was admitted.  The OP contended that they had taken all effort to deliver the consignment as soon as possible.  The 2^nd OP contended that  franchiser is of professional courier are independent ,as on 22/9/2021 a consignment of complainant reached at 2^nd OP office and complainant collected from their office without any delay.  The 2^nd OP delivered the consignment  to complainant in the very same condition as the consignment reached their office.  Moreover, the complainant had not raised any complaint with collecting goods from  2^nd OP and the 2^nd OP is not a sister concern of 1^st OP and has no connection with day to day management of 1^st OP  and there is no deficiency in service from the part of 2^nd OP and hence the case is liable to be dismissed.

       Due to the rival contentions raised by the OPs to the litigation, the commission decided to cast the issues  accordingly.

1. Whether there is any deficiency in service from the side of  OPs?
2. Whether there is any  compensation  &  cost to the complainant?

       In order to answer the issues, the commission called evidence from both parties. The  complainant produced documents which is marked as Exts.A1& A2 series .   Ext.A1 is the courier receipt issued by  1^st OP dtd.30/8/2021.  Ext.A2 series is the photographs of damaged   articles.  The complainant adduced evidence   through proof  affidavit and examined as PW1.  2^nd  OP has no oral  or documentary evidence.  1^st OP  is set exparte.

     Let us  have a clear glance into the evidence before the commission in order to answer the issues raised.  Issue Nos 1&2  considered together  for the commission. 

   There is no  dispute with regard to the consignment of articles between complainant and 1^st OP.  According to Ext.A1, it is seen  that  34KG of articles  entrusted to 1^st OP by paying Rs.1600/- by  complainant on  30//8/2021.  The complainant admitted that he received the consignment on 22/9/2021, the very same  day  which it was reached at  office of  2^nd OP.  The complainant has no dispute that his articles were missing but the complaint is with regard to the damage sustained to the articles specified  in Ext.A2(series)  photographs.  Moreover, the complainant produced all articles specified in Ext.A2series before the commission to  peruse and it  is  returned to complainant. The perusal , the damage sustained by complainant  as per Ext.A2 series became  apparent to the commission.  Here in  complainant entered into contract with 1^st OP by paying consideration and the latter remained  exparte.  There is no evidence before the commission that 2^nd OP is an agent or sister concern of  1^st OP but only a mere statement by complainant.  The complainant already admitted that he had received the consignment on the very same day when reached at office of 2^nd OP.  There is no evidence before the commission, to show that complainant raised a complaint before 2^nd OP and 1^st OP.   Hence, according to the commission, there is no evidence to show the deficiency in service practiced by 2^nd OP.  On the basis of Exts.A1&A2 series, the 1^st OP is  the only party who is liable to the  deficiency in service towards complainant and hence thereby 1^st OP is liable to  disburse  compensation for mental agony  and cost  for the  damages sustained by complainant.

           In the result complaint is allowed in part, the  1^st opposite party is solely liable to pay Rs.25,000/- towards the damage of articles and also pay Rs.15,000/- as compensation towards the mental agony  and Rs.5000/-  as cost of litigation to  complainant   within 30 days of receipt of this order.  In default  the amount of Rs. 25,000/- carries 9% interest per annum from the date of order  till realization .Failing which complainant is at liberty to file execution application against  opposite parties as per the provisions of Consumer Protection Act 2019.

Exts:

A1-courier receipt

A2- Photographs

PW1-Nived Jayaram-complainant.

 Sd/                                                                     Sd/                                                   Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                            Sajeesh K.P

eva                                                                            

                                                                               /Forwarded by Order/

                                                                           ASSISTANT REGISTRAR