IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Wednesday the 31st day of December, 2021
Filed on 18.03.2021
Present
1. Sri.S.Santhosh kumar, BSc.LLB (President)
2. Smt.C.K.Lekhamma, B.A., LLB (Member)
In
CC/No.72/2021
Between
Complainant:- Opposite parties:-
Sri.Ann Davis, 1. Manager,
S/o George, TVS Hyder Group,
Vachakal, Cargo Courier, Travels & tour’s
Punnapra-P.O Sahar (ViII), Andheri (east),
Alappuzha-688004 Mumbai 4000 047, Maharashtra
(Adv.Sri.V.Pramod) 2. Manager,
TVS Hyder Group,
Cargo Courier, Travels & tour’s,
Haati International, 2/57 II veteran line, Cantonment, Pallavaram, Chennai-43
(Adv.Smt.Raji.S)
3. Manager,
TVS Hyder Group,
Cargo Courier, Travels & tour’s,
Kulapully, Shouranur,
Palakkad District-679122
(All Ops are exparte)
O R D E R
SMT. C.K.LEKHAMMA (MEMBER)
Complaint filed u/s 35 of the Consumer Protection Act, 2019
Brief facts of the complainant’s case are as follows:-
The complainant is a Gulf returnee, who has returned permanently from Gulf after completing 05 years job. The complainant had been working in Kuwait as Administrative Assistant in Gulf Cable and Electrical Industries. The complainant quit his job on 2019 August. While leaving Kuwait, the complainant has availed service of the opposite party. On 01.08.2019 complainant booked Cargo service of the opposite party from its Kuwait Abbasya Office. The opposite parties offered Door to Door service all over India. At the time of booking the Cargo opposite parties assured that the cargo will be served to complainant’s residential address within one month. The complainant was also informed that the mode of transit of cargo from Kuwait will be in such a way that cargo will be transited from Kuwait by the agent of the opposite party’s office at Palakkad and finally cargo will be served to complainant’s address at Alappuzha. The opposite party’s also assured the complainant that they undertake the shipment of cargo in very responsible manner and the cargo will be delivered to the complainant absolutely safe and in time. Believing the words of the opposite party, complainant have booked cargo containing all the hard earned belonging of the complainant including dresses and toys, etc for his new born baby and other things, both of monetory and emotional value. The complainant has booked cargo in the name his father George by paying 113 Kuwait Dinar (Rs.27,007/-) on 01.08.2019.
The total weight of the goods is 103.50 K.G worth 1892.800 Kuwait Dinar (equaling to 4,52,379.20 Indian rupees). As per the promise made by opposite parties, the cargo was to be delivered within one month from the date of receipt of the same by the opposite parties to the house address of the complainant. But even after the lapse of 564 days the opposite parties has not delivered the cargo to the complainant, in spite of making constant inquiries with the opposite parties. The opposite parties are behaving in an unheard manner to such a way that they seem to be totally unaware and unconcerned of the cargo entrusted with them for safe transit and delivery. It seems all the valuables of the complainant are lost beyond retrieval by the opposite party’s totally negligent and callous dealings and most unethical trade practice. The opposite parties have committed the breach of promise and caused deficiency in service promised and under taken to be performed by the opposite party to the complainant in pursuance of the contract with the complainant after receiving consideration from the complainant. By the above said act, the opposite party has committed deficiency of service and also an unfair trade practice.
The complainant is a consumer of service of the opposite party as envisaged under the provisions of the Consumer Protection Act. The opposite party is a company having international business links, incorporated under the Companies Act having its head office at Kuwait and is having branches all over India including Palakkad District, Kerala state. Since the complainant is permanently residing at Alappuzha, and the cargo is to be delivered to the residential address of the complainant, this commission is having jurisdiction to entertain this complaint.
As result of the said illegal deficient and unfair act committed by opposite parties, the complainant sustained severe mental agony financial loss and other irreparable injury and hardships and for which the opposite parties are liable to compensate the complainant. Besides, may articles of personal and high emotional value to the complainant and his family been lost by the omission and negligence of opposite party.
Hence in the interest of justice it is highly necessary to pass an order directing the opposite parties to pay a sum of 1892.800 Kuwait Dinar (equaling to 452379.20 Indian rupees) as value of the goods along with 113 Kuwait Dinar (Rs.27,007) received by them as cargo. The list of cargo items are attached herewith
CARGO ITEMS (TOTAL 7 BOXES)
(1 KUWAIT DINAR= 239 Indian Rupees)
Items | Total Nos. | Price in K.D | Price in INR |
1.Galaxy Jewels chocolates 2x 400 gm (3.695 KD) | (5 Nos.) 4 kg | 18 | 4415.5 |
2.Nestle Mackintoshs quality street (850gm) (2.995 KD) | (4 nos) 4kg | 15 | 3585 |
3.Merci Chocolate (2x250gm) (1.995 KD) | (5Nos) 2.5 kg | 10 | 2390 |
4. Nivea men spray (150mlx3) 1.750KD | 4.5 kg | 17.5 | 4182 |
5.Enchanter body lotion (250ml) 1.KD | 2.5 kg (10nos) | 10 | 2390 |
6.Vascelline jelly (450ml) 2390 (1KD) | 4.5kg (10 nos) | 10 | |
7.Creme 21 lotion (400ml) (1.5KD) | 4kg (10nos) | 15 | 3585 |
9. Fair lemon dishwash liquid (750mlx2) 1 KD | 15kg (10 nos) | 10 | 2390 |
11.Car Toy (3.900 KD) | ½ kg (2Nos) | 7.8 | 1864 |
12.Speed car toy (3.500 KD) 1674 | ½ kg (2 nos) | 7 | |
15.Mr.light Mr 2225 (3 Pcs) torch 10038 combo (13.900 KD) | 3 kg (3 Nos) | 42 | |
16. TCL sound bar 2.0 CH 14340 | 2 kg (2 Nos) | 60 | |
17.Alcatel smart tab 7 (kids) 5736 (23.950 KD) | .5 kg (1 nos) | 24 | |
18.Guess floral print tote bag 17925 for ladies (25.KD) | .5kg (3nos) | 75 | |
19.Kids boys shoe 8604 (18.60 KD) | .5 kg (2Nos) | 36 | |
20.Electronic baby doll (8.94 KD) 2151 | .5 kg | 9 | |
21.Baby doll play set (8.34 KD) 2151 | .5 kg | 9 | |
22. Scruff-A-Luv real resure elect 7313 pet toys set (15.3000 KD) | 2 kg (2 nos) | 30 | |
23.Little tikes climb & slide-23900 Trampoline (99.950 KD) | 2.5 | 100 | |
24.V-tech baby first step pink baby 5975 walker (24.950 KD) | 2 kg | 25 | |
25. Razer E-scooter E prime 73851 (309.200KD) | 1 kg (1 nos) | 309 | |
26.Frozen 2 ultimate arendelle castle28680 (120.000KD) | 2 kg (1 nos) | 120 | |
27.Back yard discovery play house & 62379 climber (261.000 KD) | .5 kg | 261 | |
28.clementonoc puzzle Fontana di trevi 21271 (500 pc) 89.000KD) | .5kg | 89 | |
29.Infinity war Spiderman costume 53297 for boys-1 (222.950KD) | .5 kg | 223 | |
30.happy hop bubble 4 in 1 play center 29397 (123.000 KD) | .5 kg | 123 | |
31.Giant unicorn island 5.9m x 4.04m air 26290 filling bundle (air pump free) (109.950KD) | 2kg (1nos) | 110 | |
32.Bounty & twix sweets per kg 2151 (2.790 KD) | 3kg (3nos) | 9 | |
33.Pantene shampoo (700ml+400ml) 1792.5 set-5 set (1.590 KD) | 5kg | 7.500 | |
34.Nivea body lotion 2x400ml 2629 (2.095 KD) x 5 set | 4 kg | 11 | |
35.Badam per kg (2.390KD) 2390 | 5kg | 10 | |
36.Wabhunt 1 kg per KD 3.190 3585 | 5kg | 15 | |
37.Lux soap (6x120gm) (0.890 KD) 1195 | 4 kg | 5 KD | |
38.Nivea soft cream (3x200ml) 4780 (1.995 KD) 10 pcs. | 6kg | 20kd | |
39.Enchanter perfumed talc (3x125 gm) 2390 (set/0.990)-10 pcs | 3kg | 10kd | |
40.Yardly talc (2x250gm) 4780 Per set 1.995 (10 set) | 5kg | 20kd | |
Total 4,52,379.20 103.50KG KD 1892.800 |
Hence the complainant approached this Commission for following reliefs sought against opposite parties.
- Pass an award directing the opposite parties to pay a sum of Rs.4,52,379/- as value of goods along with Rs.27,007/- received by them as cargo charges with interest @ 9% per annum from 01.08.2019 till the date payment.
- The opposite parties may also be direct to pya a sum of Rs.2,00,000/- as compensation for the deficiency of service committed by the opposite parties and for the mental agony and financial loss to the complainant.
- The opposite parties may also be direct to pay the costs of this complaint to the complainant.
2. The following points that raised for consideration are as follows.
- Whether the complainant is entitled to get any amount from the opposite parties?
- Whether there is any deficiency of service committed by the opposite parties ? If so what would be the quantum of compensation?
- Reliefs and cost if any?
3. The complainant appeared through the counsel. A1 to A5 were marked. The 2nd opposite party appeared but failed to file version in time, hence declared exparte. Thereafter 2nd opposite party filed IANo.430 (2)/2121 for setting aside exparte but the same was dismissed on 31.12.2021. The other opposite parties 1 and 3 were not appearing before the commission even after the receipt of notice. Hence declared them exparte. We have heard the counsel for the complainant.
4. Point Nos. 1 & 2
Exts.A1 is the Receipt No. 5008 dated 01.08.2019, Ext A2 series are the photocopies (2 in numbers) of E-mail sent to Mr.Hyder Ali, M.D, TVS Hyder group, Ext A3 is the photocopy of complainant’s passport, Exts.A4 is the photocopy of employment certificate of the complainant and Ext.A5 is the bills (3 in numbers).
Undisputedly the complainant had booked the cargo service of the Hyder group in Kuwait. All the opposite parties are the branch offices of said Hyder group in India. They offered door to door service all over India. The said transaction is revealed in Ext.A1. The complainant was informed about the mode of transit of cargo from Kuwait. It will be transited from Kuwait by the agent of opposite parties to the 1st opposite party and from there to 2nd opposite party and then to 3rd opposite party and finally the cargo will be delivered to complainant‘s father’s Alappuzha address. Unfortunately, even after the lapse 564 days the opposite parties has not delivered the cargo to the complainant. Ext.A2 series E-mail communications indicated that the complainant rightly sent notice to the head office of opposite parties Hyder group in Kuwait about the non delivery of the items that he sent through the cargo on 01.08.2019. Ext.A4 is the copy of Employment certificate issued to the complainant by the Gulf Cable & Electrical Industries Company and in which it is mentioned that he was working with said company from 03.02.2014 to 07.08.2019.
Along with the complaint attached a list of items that have been sent through the cargo by the complainant. He also produced Ext.A5 series bills of the said items. On perusal of evidence on records, in Ext.A1 receipt, No.5008 dated 01.08.2019 contains a declaration of contents those are oil, soap, shampoo and Toys. The total weight of said goods is 117 Kg and the total amount charged is 113 Kuwait Dinar. The complainant attached a list of items he sent through the cargo and proving this he produced Ext.A5 series (Three in numbers) bills. In which two bills are dated 28.07.2019 and another one is dated 29.07.2019. Seemingly the cargo was booked on 01.08.19 as per Ext.A5 series bills the complainant purchased the goods just 3 days before booking the cargo. The total items scheduled in the appended list is 40 and mentioned its weight and value in Kuwait Dinar. Compare with Ext.A5 bills and the schedule, the item Nos. 19 to 22, 24, 28, 29 and 31 have no bills. Item Nos.35 & 36 (badam and walnut) are not included in Ext.A1 receipt. Therefore we found that the value of said goods as per Ext.A5 series is 1258.300 Kuwait Dinar. It is already found that as per Ext.A1, opposite party’s Head office received 113 Kuwait Dinar as cargo charge from the complainant.
On receipt of notice from this commission opposite parties 1 to 3 did not to appear before the Commission. The 2nd opposite party appeared but they have failed to file version within the time stipulated under the provision of the Consumer protection Act consequently, declared them exparte. Thereafter they have filed version along with petition for setting aside exparte. But their prayer was rejected.
We have already discussed that opposite parties are the branch of Hyder group in India. They have given ample opportunity to convince their part with cogent evidence. But they have failed to substantiate their part. Hence the evidence of the complainant remained unchallenged. In view of the above discussion we are of the view that all the opposite parties are equally liable to pay following Kuwait Dinar in Indian currency ie, Rs.113 Kuwait Dinar, the amount received from the complainant as the charge of cargo and 1258.300 Kuwait Dinar, the value of the goods lost. Moreover, it seems that the description of goods and the weight of goods were stated in the Ext.A1 consignment receipt thus the opposite parties were clearly forewarned of their liability. In Ext.A1 it is promised that “we will deliver the parcel in given approximate time”. So they should keep up to their promise and deliver the valuable parcels of customers promptly and are definitely liable for deficiency of service for non delivery, as result of which complainant suffered monetary loss. Consequently, we hold that the complainant is entitled to compensation. Therefore the opposite parties are directed to pay Rs.10,000/- to the complainant on account of compensation. The opposite parties are also liable to pay to the complainant, the cost of litigation to the tune of Rs.1,000/- each.
5. Point No.3
In that view of matter, we allow the complaint in part and direct as follows.
(1) Opposite parties are jointly and severely liable to pay the amount equal to 113/- and 1258.300 Kuwait Dinar, in Indian currency at the current rate of exchange to the complainant.
(2) Opposite parties jointly and severely liable to pay Rs.10,000/- (Ten thousand) each towards compensation for deficiency in service to the complainant. Failing which said amount shall carry interest @9% per annum from the day fixed for compliance of this order till realization.
(3) Opposite parties jointly and severely liable to pay Rs.1,000/- (One thousand) each towards costs of litigation to the complainant.
The order shall be complied within one month from the date of receipt of the copy of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 31st day of December, 2021.
Sd/-Smt.C.K.Lekhamma (Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Receipt No. 5008 dated 01.08.2019
Ext.A2 series - Photocopies (2 in numbers)
Ext.A3 - Copy of complainant’s passport
Ext.A4 - Copy of employment certificate
Ext.A5 - Bills (3 in numbers).
Evidence of the opposite parties:- NIL
// True Copy //
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Sa/-
Compared by:-
