<br /> O R D E R <br /> <br /> Paul Gomez, Member.<br /> <br /> Briefly stated, the undisputed facts underlying the complaint are the following. <br /> The complainant despatched two kilograms of Ayurvedic medicine from Ernakulam to his wife in Delhi through opposite party courier company. Unfortunately it never reached the place of destination. He is also not happy with the behaviour of the opposite party when he visited the company to enquire about the loss of goods. He was, then compelled to sent a lawyer notice. In the reply, opposite party maintained that they were liable only to extent of Rs. 100/- Aggrieved by the indifference of opposite party, as the last resort , complainant approached the Forum with a complaint to recover Rs. 15,000/- on various counts. <br /> 2. There was no oral evidence from the complainant’s side. Ext. A1 to A3 were marked on his side As the opposite party failed to appear even after service of notice from the Forum, proceedings are completed exparte.<br /> 3. The following points are required to be settled by the Forum.<br /> i. Whether the opposite party is answerable to the complainant for <br /> deficiency in service in as much as they failed to deliver the goods?<br /> ii. What are the reliefs to which the complainant is entitled?<br /> Point No. I <br /> Ext A3 receipt establishes that goods were consigned to be carried to complainant’s wife at Delhi. It also shows that Rs. 180/- was received by way of charges for the same. Hence opposite party was bound to deliver the goods in Delhi in time. Unfortunately that has never happened. Ext. A1 notice and Ext. A2 reply further underlines the failure on the part of opposite party in that regard. No further discussion is necessary to establish the deficiency in service on the part of opposite party for which they are answerable to reimburse the complainant for the loss. <br /> 4. Point No. ii That takes us to the related matter of quantification of loss, compensation and cost generated by the delinquency on the part of the opposite party. Of course , the loss suffered by the complainant is to be made good. But the difficulty arises when we address the quantum of loss. What has been disclosed by the complainant is that the goods in question were Ayurvdic medicine weighing 2 Kg. He asserts that it was worth Rs. 2,000/-. There is nothing on record to show what was consigned as well as the price of the goods. In such cases, one cannot blindly follow averments of the complainant because ordinarily it is the human tendency to make tall claims. We have to moderate the claim properly . But it has also to be noted that in the present instance, opposite party has not rebutted the statement . Hence we think that, in the facts and circumstances of the case, the actual loss can be taken as Rs. 1,000/- even if the calculation is not based on any material other than the statement of the complainant. We have no other option.<br /> 5. It is quite natural, that any husband would be very much anxious about proper delivery of goods to his wife who is residing alone at a distant place. This will be more when the goods consigned are essential articles like medicine . This lead to severe discomfort and mental agony. In the instant case it is solely the creation of the opposite party brought about by their negligence. Hence compensation is required to be paid by opposite party. <br /> 6. In the same way , this litigation has been thrust upon the complainant by the opposite party only. Had the opposite party chosen to settle the matter when lawyer notice was sent, the matter would not have ripened into litigation. Therefore cost of litigation has also to be paid by the opposite party. <br /> 7. Accordingly we allow the complaint and direct as follows.<br /> a) opposite party shall pay to the complainant Rs.1,000/-.towards<br /> value of the goods lost due to deficiency in service on the part of opposite party. <br /> b) opposite party shall pay to the complainant Rs. 1,000/- by way of compensation for mental agony and inconvenience <br /> c)Interest @ 6 % shall be paid by opposite party to the complainant on the above mentioned amounts from the date of complaint till the date of realization mentioned under (a) above. <br /> d) opposite party shall pay to the complainant Rs. 500/- by way of litigation cost. <br /> e)The direction shall be executed in a period of 30 days from the date of receipt of copy of the order.<br /> Pronounced in the open Forum on this the 28th day of June 2008.<br />