Date of Filing:05/12/2014
Date of Order:20/07/2016
BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHANTHINAGAR BANGALORE - 27.
Dated: 20th DAY OF JULY 2016
PRESENT
SRI.SYED ANSER KHALEEM, B.SC., B.Ed.,LL.B.,PRESIDENT
SRI.H.JANARDHAN,B.A.L, LL.B., MEMBER
SMT.BHARATI.B.VIBHUTE, B.E(I.P.) LL.B., MEMBER
COMPLAINT NO.2039/2014
Mr. Dileepkumar.K.N.,
S/o Narayanaswamy,
Aged about 24 years,
R/at: P.G.S, Boy s Hostel,
Room No.123, GKVK,
Bangalore-560 065. …. Complainant
V/s
The Regional Manager,
D.T.D.C. Courier & Cargo Ltd.,
Having office at, No.269,
Lahari towers, 1st Main,
Albert Victor Road,
Chamarajpet,
Bangalore- 560 018. …. Opposite Party
ORDER
BY SRI.SYED ANSER KHALEEM, PRESIDENT
1. This is the complaint filed U/S 12 of the Consumer Protection Act, 1986 against the opposite party (hereinafter referred in short as O.P) alleging deficiency in service on the part of the O.P and prays for direction to the O.P to pay a sum of Rs.22,000/- towards compensation and Rs.28,000/- towards damages with cost of the proceedings.
2. The brief facts of the complaint is that, the complainant by availing the service of O.P was entrusted the important documents worth of Rs.22,000/- to the O.P in order to send the same to courier. After the 15 days complainant came to know that the said consignment was not delivered to the destination and the documents were very much essential in order to cancel the admission at Allahabad Agricultural Institute. When the O.P. did not traced out the said consignment in question the complainant got issued the legal notice and alleges that inspite of the notice O.P. is utterly failed to meet the grievances of the complainant. Hence this Complaint.
3. Upon issuance of notice, O.P appeared through its counsel and filed its version. In the version of O.P. by admitted that the complainant availed the service of O.P and undertook the consignment in order to deliver the same to the destination mentioned by the complainant. However, O.P. contended that they do not know the particulars and importance of the consignment and the complainant also not disclosed the same. Further O.P contended that due to lost of consignment in question, the complainant is entitled for Rs.500/- only as per their norms. Further the O.P also replied the legal notice and denied all other allegations made by the complainant. Ultimately on other grounds prays for dismissal of the complaint.
4. To substantiate the above case, the complainant has filed the affidavit evidence along with documents. We have heard the arguments.
5. On the basis of pleadings of the parties, the following points will arise for our considerations are:-
(A) Whether the complainant has proved
deficiency in service on the part of the O.P?
(B) Whether the complainant is entitled to the
relief prayed for in the complaint?
(C) What order?
6. Our answers to the above points are:-
POINT (A) and (B) : In the Affirmative .
POINT (C): As per the final order
for the following:
REASONS
POINT No (A) and (B):-
7. At the out set it is not in dispute that the complainant availed the service of the O.P and sent the courier and the same was lost by the O.P. In order to prove the case of the complainant and O.P. both filed their affidavit evidence. On perusal of the receipt issued by the O.P. dated 2.8.2014 i.e. Doc.No.1 discloses that in the description contents that the document was sent through courier belongs to the complainant. However, the O.P. contended that the complainant did not disclose the importance of the documents, but it was mentioned in the description content. Hence O.P. cannot simply deny that the complainant has not disclosed the importance of the documents and the same cannot acceptable one. So also on perusal of the Doc.No.2 to 4, it clearly discloses that the complainant allotted the seat at GKVK campus at Bangalore and hence he intends to cancel the admission made at Allahabad Agricultural and Science Institute. Hence, the complainant rightly contended that due to non-delivery of the consignment in question the complainant suffered mental agony. Whereas O.P. stated that, the complainant is only entitled for Rs.500/- as per their norms. It is pertinent to note that, in the Doc.No.1 under description of content it is shown on documents, it is the bounden duty of the O.P to take all endeavor to deliver the consignment with all due and care. Furthermore, O.P did not disclose what happened to the consignment and what is their effort to trace out the same. All these facts clearly establishes that O.P. is negligent in tracing the consignment in question and non-delivering the same amounts to deficiency in service on the part of the O.P.
8. Further the complainant while sending the important documents he simply shown as documents and there is no evidence what are all documents sent through courier. Hence, it is not possible to assess the quantum of compensation claimed by the complainant. In the attendance circumstances of the case, based on the available evidence on record we deem it just and proper to direct the O.P to pay Rs.10,000/- towards compensation and Rs.2,000/- towards the cost of the proceedings it will meets the ends of justice. Accordingly, we answered these points in the affirmative.
POINT (C):
12. On the basis of the findings given above on the point No.(A) and (B) and in the result, we proceed to pass the following:-
ORDER
- The complaint is allowed-in-part with cost.
- The O.P i.e. D.T.D.C. Courier & Cargo Ltd., Rep. by its Regional Manager/Authorized Signatory hereby directed to pay a sum of Rs.10,000/- towards compensation to the complainant.
- The O.P shall pay Rs.2,000/- to the cost of the proceedings.
- The O.P is hereby directed to comply the order of this Forum within 30 days from the date of receipt of this order and submit the compliance report to this Forum within 45 days from the date of receipt of this order.
- Send a copy of this order to both parties free of cost.
(Dictated to the Stenographer, transcribed and computerized by him, corrected and then pronounced by us in the Open Forum on this the 20th Day of July 2016)
MEMBER MEMBER PRESIDENT
*Rak
