Date of filing :  06-02-2010

                                                                 Date of order :  21-06-2010

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                C.C. 32/2010

                         Dated this, the 21^st  day of June 2010

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                       : MEMBER

SMT.P.P.SHYMALADEVI                             : MEMBER

Rameshkumar.R,

Lecturer in Physics,                                                          } Complainant.

Nehru Arts & Science College,

Kanhangad, Padnekat.671328.

 (In Person)

1. Total Project Solutions,

     E7/83F, Ashoka Society Area Colony,

     Bhopal, Madhyapradesh, 462016.                } Opposite parties

2. Overnite Express Couriers Ltd,

    Paiva Arcade, Cemetery Junction,

    Chitoor Road, Near Ayyappan Kavu,

    Kochi. 682018

    (Exparte)

                                                                        O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            Complainant is a Lecturer in physics at Nehru Arts & Science College, Kanhangad.   He together with final year BSc students planned to watch solar eclipse on 15-1-2010. Since watching the eclipse with naked eye is dangerous they planned to use eclipse viewing goggles.  Accordingly he ordered 2 solar eclipse viewing goggles on 4-1-2010 with opposite party No.1.   The cost of each goggle was 20 rupees and the courier charges for them was 50/- rupees.  But he did not receive the goggles as promised.  On enquiry made with opposite party No.1 it was told him that they dispatched the goggles on 4-1-10 through 2^nd opposite party.  On tracking the route he got the information that the courier containing the goggles reached at Kochi office of Opposite Party No.2.  However, opposite party No.2 failed to deliver the goggles even after solar eclipse.  Due to the non-availability of eclipse viewing goggles he forced to cancel the eclipse watch and that caused him  shame before his colleagues and students.  Hence the complaint claiming compensation.

2.         In response to the notice opposite party No.1 filed their version by post.  But opposite party No.2 remained absent even after receipt of notice.  Hence opposite party No.2 had to be set exparte.

3.            According to opposite party No.1 as per the terms and conditions all the disputes arising one of using the product/services are to be addressed under the jurisdictional area of Bhopal, Madhyapradesh  and the liability for any consequential losses, misdelivery/non delivery delay or damages to any article/documents/items/parcels or any services, once the parcel is dispatched from their premises is maximum to extent of value  of items/services purchased/offered which was ever open to consignee on demand from opposite party No.1 and they are ready to repay the total cost of item on demand by the customer.  Since the fault is on the part of courier company they should be held responsible.

4.            Complainant filed proof of affidavit in support of his claims.  Exts A1 to A7 marked.  Complainant heard and documents perused.

5.         The case of the complainant is that inspite of his order the opposite parties could not deliver him the goggles to view the solar eclipse happened on 15^th January 2010.  Being a tutor due to the lack of goggles he could not watch and study about the solar eclipse.  Thereby he felt shame and suffered mental agony.

6.            According to opposite party No.1 they sent the goggles through opposite party No.2 and due to the deficiency in the service of opposite party No.2 the goggles was not delivered.  Hence they are not liable.  Opposite party No.1 submitted that in case of loss or misdelivery their liability is extended up to the value of the article.  It is also their contention that the complaint is not maintainable before the Forum since as per the terms and conditions, disputes shall be subjected to the jurisdiction of Bhopal.   The contention of opposite party No.1 is not sustainable.  The opposite party No.2 is a courier service carries on business throughout the country including in the territorial limits of this Forum.  Hence the complaint is maintainable before the Forum.  It is come out in evidence that opposite party No.1 sent the articles to opposite party No.2 and it is due to their deficient service the consignment is not delivered to complainant.  Hence opposite party No.2 is liable to compensate the complaint.

            Therefore the complaint is allowed and opposite party No.2 is directed to pay a compensation of 10,000/- rupees to the complainant together with a cost of 2000/- rupees.  Time for compliance is limited to 30 days from the date of receipt of copy of order.  Failing which opposite party No.2 shall further liable to pay interest @ 9% per annum for 10,000/- rupees from the date of complaint till payment.

     Sd/-                                                               Sd/-                                                         Sd/-

MEMBER                                                MEMBER                                   PRESIDENT

Exts

A1. Order information.

A2. Order Update # 179

A3. Order Conformation No.179

A4. Overnite Services

A5.Current Status Of AWB

A6.Non receipt of item

A7. Photocopy of Mobile Phone Bills.

     Sd/-                                                           Sd/-                                                 Sd/-

MEMBER                                                       MEMBER                                           PRESIDENT

Pj/                                                                                Forwarded by Order

                                                                           SENIOR SUPERINTENDENT