DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 27th day March, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of filing: 30/08/2022
CC/161/2022
Vipin Venugopalan
S/o Late A.P.Venugopalan
Veena, T.B.Road, Alathur
Palakkad -678 541
(Party in person) - Complainant
Vs
The Professional Couriers
33/1695D, Vivekananda Road
Cochin - 682 028 - Opposite party
(Ex-parte)
O R D E R
By Sri.Krishnankutty N.K., Member.
1. Pleadings of the Complainant.
The complainant sent on 16/07/2022 an envelope containing prescription of a doctor through the opposite party to one Mrs. Radha devi in Bangalore. The said prescription was supposed to be enclosed with a packet containing certain medicines to be sent to someone known to the complainant residing in USA.
Since the envelope reached the addressee only on 23/07/2022 i.e. with a delay of 6 days, the medicine couldn't be sent to USA as scheduled. This caused him financial loss and hence approached this Commission seeking reliefs to the tune of Rs. 2,900/- towards the cost of medicines, Doctor's fee, courier charges and other miscellaneous expenses etc.
2. Notice was sent to the opposite party. They did not enter appearance hence was set ex-parte.
3. The complainant filed proof affidavit and marked documents Ext. A1 to A6 as evidence. The Ext. A1 is the receipt issued by the opposite party for having received the consignment in question which shows that the envelope was received on 16/07/2022. Ext. A2 is the track record of the said envelope, showing that it was delivered only on 23/07/2022. Ext. A3 is the invoice of the medicines purchased for sending to USA. Ext. A4 is the details of complaint lodged with National Consumer Helpline, A5 is the web page of the opposite party showing the grievance of the complainant and Ext. A6 is the voucher for the payment of charges paid to the Advocate for notarising the affidavit.
4. From the above documents it is evident that the envelope that should have reached the addressee within a day or two reached there after 6 days which is to be treated as a clear case of deficiency in service. Further the opposite party didn't bother to attend the proceedings and to give any specific reason for the delay in delivery of the consignment.
5. But one aspect is that the consignment reached Bangalore on 23/07/2022. It was for being taken to U.S. on 24/07/2022. Complainant alleges that it was not taken as the consignee lost interest. Losing interest cannot be taken as a ground to find that the medicines were not taken to the beneficiary due to the deficiency in service on the part of the opposite party.
6. In the result, the complaint is allowed in part ordering the following reliefs.
- Rs 2,000/- as compensation for deficiency in service; and
- Rs. 1,500/- as cost of these proceedings.
The opposite party shall comply with the directions in this order within 45 days of receipt of this order, failing which opposite party shall pay to the complainant Rs. 250/- per month or part thereof until the date of payment in full and final settlement of this order.
Pronounced in open court on this the 27th day of March, 2023
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K.
Member
Appendix
Documents marked from the side of the Complainant.
Ext. A1: Receipt issued by the opposite party No. PGT3133978 dated 16/07/2022.
Ext. A2: Tracking details of PGT3133978.
Ext. A3: Invoice of medicines purchased from Shree Medicals, Nagpur.
Ext. A4: National Consumer Helpline case details 3702903.
Ext. A5: Web page of opposite party showing the grievance of the complainant CRM429107.
Ext. A6: Receipt for notary fees paid dated 11/03/2023.
Documents marked from the side of opposite party: Nil
Witness examined: Nil
Cost: Rs. 1,500/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
