Tamil Nadu

South Chennai

CC/143/2016

M/s. Antony John - Complainant(s)

Versus

The Senior Divisional General Manager, Southern Railway - Opp.Party(s)

-

14 Feb 2017

ORDER

                                                                        Date of Filing :   12.04.2016

                                                                        Date of Order :   14.02.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M.                       : PRESIDENT            

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

               DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.143/2016

TUESDAY THIS  14^TH  DAY OF FEBRURAY 2017

 

Mr. Antony John,

S/o. Late P.C. John,

No.39/32, Cooks Road,

Otteri, Chennai – 12.                                             ..Complainant

 

                                              ..Vs..

 

1.  The Senior Divisional General Manager,

Chennai Division,

Southern Railway,

Chennai 600 003.

 

2. The Senior Divisional General Manager,

Bangalore Division,  

Bangalore Railways,

Bangalore.                                                         ..Opposite parties.

 

For the Complainant                   :    Party in person     

For the opposite parties               :    Exparte.

 

ORDER

THIRU.   T.PAUL RAJASEKARAN ::    MEMBER-II      

This complaint is filed by the complainant against the opposite parties to pay a sum of Rs.5 lakhs for missing articles in the parcel and also to pay a sum of Rs.3 lakhs for the mental torture and also to pay cost of the complaint.  

1. The averment of the complaint are brief as follows:

       The complainant stated that he had sent a consignment containing painting material yoga materials,  Camera, one pair of shoes and jeans shirts totally worth about Rs.2 lakhs  through railways vide  Parcel Way bill No.A0127241 on 13.1.2016 weighing 30 kgs from Chennai Central to S.B.C. Bangalore City Junction.   Thereafter the sending of parcel, the complainant son complained who is a recipient reported that he did not receive the parcel at Bangalore.  So the complainant approached the parcel office of the 1^st opposite party made several enquiries about the  parcel sent under the bill No.A0127241, dated 13.1.2016 and there was no proper response.

2.     Again complainant’s son visited the booking office of the 2^nd opposite party at Bangalore and made enquiry about his parcel and they did not give any proper reply.    Hence the complainant sent a registered letters dated 22.1.2016 & 20.2.2016  to the 1^st opposite party requesting him to trace out the missing parcel, for that no reply was given.   Therefore the act of the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence the complaint is filed.   

3.     Inspite of receipt of notice the opposite parties did not appear before this forum and therefore they were set exparte.

4.     Though the opposite parties remained expate this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

5.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to Ex.A4  are marked. 

6.      At this juncture the point for consideration before this Forum is:

1. Whether there is any deficiency of service on the part of the opposite  parties as alleged in the complaint?.

 

2. To what other reliefs, the complainant is entitled for?

7. Point Nos. 1 & 2 :-

The complainant sent a consignment containing Yoga material camera one  pair shoes geans shirt and books with painting work materials through railways vide parcel way bill No.AO127241 on 13.1.2016 from Chennai Central to S.B.C. Bangalore City Junction weighing 30 kgs with the identity  document No.YCV0105 999 which has not reached till this date.   The complainant having waited and made personal enquiries with the opposite parties 1& 2 there is no proper response and hence he had sent a registered letter claiming for receipt of the documents to be delivered at the destination point on 22.1.2016 and 22.2.2016 but there is no response from the opposite parties.   Hence the complainant filed this petition in this forum on 12.4.2016. Inspite of repeated reminders there is no response from the opposite parties to the complainant and the opposite parties 1 & 2 are not bothered to appear before this forum inspite of the receipt of notice was acknowledged by opposite party-2 and denial of the receipt of notice by opposite party-1 the said complaint was set exparte on 23.8.2016.  The complainant was appearing before this forum and submitted his written version and proof affidavit and requested to treat the written version as oral arguments the complainant prayed a compensation of Rs.2,00,000/- for the missing articles and Rs.3,00,000/- for mental agony. 

8.     Pursuant on the  complaint, proof affidavit, written arguments  and documents filed by the complainant there is no dispute about the dispatch of consignment through railway parcel service where the copy of Railway receipt No.127 241 dated 13.1.2016 weighing 30 kgs by collecting the consideration from the complainant and there is no detailed description and the value of the consignment mentioned  in the parcel way bill the complainant had submitted a list of the contents with its value dispatched to the recipient.    

9.     The opposite parties 1 & 2 neither appeared before this forum nor submitted their version and proof affidavit, inspite of lot of opportunities were given to them to appear they did not  turn up hence set exparte on 23.8.2016.    It is an accepted fact the consignment was sent through railway parcel there is no corroborative evidence to substantiate the claim,  considering the facts and circumstances of the case this forum is of the view that the opposite parties 1  & 2 are jointly and severally directed to pay a sum of Rs.10,000/- as compensation  for causing mental agony and hardship due to the deficiency of service on the part of them and also to pay a sum of R.5,000/- as cost to the complainant.   Thus the points 1 & 2 are answered accordingly.  

        In the result, the complaint is partly allowed.  The opposite parties 1  and 2 are jointly and severally directed to pay a sum of Rs.10,000/- (Rupees Ten thousand only)  towards compensation for causing mental agony and hardship due to deficiency of service on the part of them and also to pay a sum of Rs.5,000/- (Rupees Five thousand only) towards cost to the complainant.

          The  above amounts shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

              Dictated by the Member-II to the Assistant, taken down, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the  14^th  day  of  February  2017.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

 

Complainant’s side documents:

Ex.A1-  13.1.2016 - Copy of receipt bearing No.A0127214

Ex.A2- 22.1.2016  - Copy of registered letter by the complainant to the opposite

                             party.

Ex.A3- 20.2.2016  - Copy of registered letter with postal receipt.

Ex.A4-         -       - Copy of letter containing particulars of the book, yoga

                             Materials, jeans and cloths art materials, camera and shoes.

 

Opposite parties’ side documents:   .. Nil.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.