By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to cost and compensation due to the deficiency of service from the side of opposite parties.
2. Brief of the complaint:- The complainant send a letter to his friend on 17.02.2017 through opposite party No.1 in his address and in the cover letter the complainant wrote his full address with his phone number. This letter was received by the opposite party as per the No.R25000626 and the charge also received by the opposite party No.1. After six days the said friend of complainant Mr. Jayachandran informed the complainant that the said letter is not received yet. So complainant enquired about the letter to the opposite party No.2, the opposite party No.2 has stated that the address of the party is incomplete and hence the letter was received back on 25.02.2017. So the complainant received back the letter from the opposite party No.2 on 25.02.2017. And on verifying the cover the complainant noticed the writing in the letter that ''RTO C/C and address not complete phone switched off''.
3. The complainant further stated that he has given the full address of the person with his phone number and further said that the statement of the opposite party is false and they could not contacted the party through phone also. And also stated the since the opposite parties have not delivered letter the complainant and his friend caused much difficulty, loss, hardships and mental agony and the opposite parties are liable for non deliver the letter and they are also liable for the loss and expenses incurred by the complainant and prayed before the Forum to direct the opposite parties to pay Rs.15,000/- as cost and compensation.
4. Notices were served to opposite parties and they entered appearance and filed version stating that since the address of the party is incomplete and when tried to contact in the phone number given the number was switched off they couldn't deliver the letter. Hence it is returned back to the complainant.
5. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A3 documents were marked. Ext.A1 is the Receipt issued by the opposite party No.1 dated 17.02.2017. Ext.A2 is the Letter Cover which is send to the party. Ext.A3 is the Receipt issued by the opposite party dated 25.02.2017. Opposite parties has not adduced any oral evidence.
6. On considering the complaint, version, documents and evidences, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
7. Point No.1:- Anyway the transaction is admitted by the opposite party and opposite party stated that the letter couldn't be delivered due to the insufficient address and when tried to contact in the phone number given, the number shows switched off condition. But the opposite party has not proved the efforts taken by the opposite parties to deliver the letter. Both parties phone number was there in the letter and the opposite parties has the duty to contact both persons in their phone numbers and the records pertaining the effects taken by the opposite party could have produce before the Forum but the opposite party has not produced also. Hence we found that not taking all the earnest efforts to deliver the letter is a clear case of deficiency of service from the side of opposite parties. Hence the Point No.1 is found accordingly.
8. Point No.2:- Since the Point No.1 is found against the opposite parties, they are jointly and severally liable to pay cost and compensation. Hence the Point No.2 is found accordingly.
In the result, the complaint is partly allowed and the opposite parties are jointly and severally directed to pay Rs.2,000/- (Rupees Two Thousand) as compensation and Rs.1,000/- (Rupees One Thousand) as cost of the proceedings to the complainant within one month from the date of receipt of this Order. Failing which the complainant entitled for an interest at the rate of 15% per annum for the whole sum till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 27th day of July 2017.
Date of Filing:31.03.2017.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. K. P. Abdul Azeez. ASI, SBCID, Kalpetta.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Receipt. Dt:17.02.2017.
A2. Letter Cover.
A3. Receipt. Dt:25.02.2017
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
