This C.C coming on before us for final hearing, on 19-9-2008 in the presence of Sri. V.Rama Rao, Advocate for Complainant, and of Sri.K.Jagan Mohan Rao, Advocate for the opposite parties ; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Smt.V.Vijaya Rekha. Member )
1. This complaint is filed under section 12(1) of the Consumer Protection Act, 1986 with the following averments.
2. The complainant sent a cover vide consignment No.KAIM 489622 to his son, who was residing at Hyderabad through opposite party No-1 on 4-10-2006 and the consignment contained interview card for R.R.B.Posts and the interview was held on 15-10-2006, but the consignment was not delivered in time and the complainant and his son enquired the opposite parties, but the opposite parties neither delivered the cover nor responded to trace out it, on 29-6-2006 i.e., after the date of interview the opposite parties delivered the cover to the son of the complainant as such he lost opportunity to get the job and approached the opposite parties for compensation but they refused to pay the compensation and as such the complainant approached the consumer organization, Yellandu and filed complaint. The complainant further stated that he suffered a lot due to the adamant attitude of the opposite parties and approached the Forum for Redressal and prayed to direct the opposite parties to pay an amount of Rs.1,00,000/- towards damages and compensation.
3. Along with the complaint Sri.D.Amrutha Lal, President, Cheyutha Consumers Forum, Yellandu filed affidavit on behalf of complainant and also filed (i)Courier receipt, dated 4-10-2006 issued by opposite parties.(ii) Call letter of R.R.B, Secunderabad. (iii)Empty cover, addressed to son of the complainant (iv)Notice dated 28-10-2006 issued by Sri.D.Amrutha Lal, President, Cheyutha Consumers Forum, Yellandu along with postal acknowledgements(2).(v) Notice dated 26-3-2007 issued by Sri.D.Amrutha Lal, President, Cheyutha Consumers Forum, Yellandu.
4. After receipt of notice, the opposite parties appeared through their counsel and filed counter by denying the allegations made in the complaint.
5. In the counter, the opposite parties admitted that the complainant booked the consignment on 4-10-2006 to his son through opposite party No.1 and denied the other allegations of the complaint and contended that the consignment was delivered on 5-10-2006 to the consignee and on request made by the complainant, the opposite party No.2 forwarded a letter dated 19-10-2006 to its Secunderabad branch about the delivery of the said cover, accordingly Professional Couriers, Secunderabad branch sent a daily delivery sheet, which shows that the consignment was delivered to the son of the complainant on 5-10-2006 as such prayed to dismiss the complaint.
6. Along with the counter, the opposite parties filed (i) Xerox copy of daily delivery sheet, dated 5-10-2006, (ii) Xerox copy of courier receipt, dt.19-10-2006.
7. In view of the above averments made by both the parties, now the point for consideration is, whether the complainant is entitled to any relief or not?
POINT:
8. As seen from the averments of the complaint, and counter, there is no dispute between the parties that the consignment number KAIM 489622 was sent to the son of the complainant through opposite party No.1 on 4-10-2006 and as per the complaint, the consignment was delivered to the addressee on 29-10-2006 i.e. after the date of RRB written examination. As such, the son of the complainant lost the opportunity of getting job in Railways and prayed to award compensation from opposite parties. On the other hand, the opposite parties contended that they delivered the cover on 5-10-2006 and on request of the complainant they also addressed a letter to their concerned branch about the delivery of the said consignment and in support of their contentions, the opposite parties filed daily delivery sheet, dated 5-10-2006, which was maintained by the concerned branch of the opposite parties and as per the daily delivery sheet the date of delivery was mentioned as 5-10-2006 by one of the consignees and the addressee of the consignment No.KAIM 489622 i.e. the son of the complainant also made an endorsement on the said sheet. Moreover, the complainant has not taken any steps to prove his case that the said cover was delivered on 29-10-2006 and did not file any material to that effect and in support of complainant allegations there is no material placed before the Forum either by the complainant or by the voluntary consumer organization, Yellandu, accordingly, the point is answered against the complainant.
In the result, the complaint is dismissed. No costs.
Dictated to the steno, transcribed by her, corrected and pronounced by us in the open Forum on 30th day of September, 2008.
PRESIDENT MEMBER MEMBER
DISTRICT CONSUMERS FORUM
KHAMMAM
Appendix of evidence
-Nil-
PRESIDENT MEMBER MEMBER
DISTRICT CONSUMERS FORUM
KHAMMAM
