Kerala

Kollam

CC/08/120

Vamadevan, Thekkaekamacherry, Naduvila Cherry, Kanjaveli, Perinad, Kollam - Complainant(s)

Versus

The Proprietor, Rolex Cargo Courier Service - Opp.Party(s)

A.R.Ayyappan Pillai

30 Aug 2008

ORDER


C.D.R.F. KOLLAM : CIVIL STATION - 691013
CONSUMER DISPUTES REDRESSAL FORUM ::: KOLLAM
consumer case(CC) No. CC/08/120

Vamadevan, Thekkaekamacherry, Naduvila Cherry, Kanjaveli, Perinad, Kollam
...........Appellant(s)

Vs.

The Proprietor, Rolex Cargo Courier Service
...........Respondent(s)


BEFORE:
1. K. VIJAYAKUMARAN : President 2. RAVI SUSHA : Member 3. VIJYAKUMAR. R : Member

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By R. VIJAYAKUMAR, MEMBER. The complaint is filed for getting value of Missed Box which includes 21” color T.V. and compensation and cost. The avernments in the complaint can be briefly summarized as follows: The Complainant’s son had sent through the opposite parties Courier Service three boxes of having weight 62 kg and valued at Rs.14,000/- on 30/06/07 from Kozhikode to Kollam. Out of 3 boxes one box containing 21” Color T.V. was not delivered. The Complainant reported the matter to the agent of opposite party he assured delivery. But the Box was not delivered. Complainant sent Advocate Notice on 06/11/07.Opposite party received notice on 29/11/07 but it was ignored. Due to the act of opposite parties the Complainant suffered financial loss of Rs.10,000/- and mental tension. Hence the Complainant is filed for getting relief:- The opposite party remained absent and hence they were set exparte. The points that would arise for consideration are:- 1. Whether there is any deficiency in service on the part of opposite party. 2. Compensation and cost. Complainant filed affidavit Exhibits P1 to P4 were marked. Pw1 was examined. The Complainant could prove his case through the complaint, affidavit and exhibits. On perusal of the documents we find that there is deficiency in service and gross negligence on the part of opposite party. In the result the complaint is allowed. The opposite party is directed to party Rs.10,000/- as the value of missed Box and 2,500/- as compensation and Rs.1,500/-as cost. The order is to be complied with within one month of the date of receipt of this order. Dated this the 30th August, 2008 INDEX List of witness for the complaint PW1 : Vamadevan Ext. P1: Declaration dated Ext. P2: Delivery Note Ext. P3: Adv. Notice Ext. P4: Acknowledgment




......................K. VIJAYAKUMARAN : President
......................RAVI SUSHA : Member
......................VIJYAKUMAR. R : Member