DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Tuesday the 28th day of February 2023
C.C.239/2022
Complainant
Mili Sasidharan,
Milan, Chembaka Housing Colony,
Nellikode (PO),
Kozhikode-673 016.
Opposite Party
Universal Relocations India (P) Ltd,
76, Chamiers Road,
Nandanam, Chennai – 600 018.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
The complainant had shipped a used 55 ” Samsung UHD model 6300 TV along with 5 boxes of house hold goods using Universal Relocations India Pvt Ltd from Minnesota, USA to Kozhikode. The T V was packed in its original packing and marked ‘fragile’ as instructed by the representative of the opposite party. The complainant received the shipment on 12-09-2020. On receipt of the items, the packaging was opened in front of the crew of the opposite party and it was found that the T V Screen was cracked even though the packing was intact without any damage. It was to be seen that the packaging was opened and retaped using company’s tape. On opening the T V packing, the damage to screen was visible. The pictures of the damage were immediately sent to the opposite party, but they refused to compensate for the losses sustained by the complainant. Hence the complaint.
- Despite receipt of notice issued from this Commission, the opposite party failed to appear. The opposite party was set ex-parte.
- The points that arise for determination in this complaint are :
- Whether there was any deficiency of service on the part of
the opposite party, as alleged?
- Reliefs and costs.
- The husband and power of attorney holder of the complainant was examined as PW1. Exts. A1 to A6 were marked.
- Heard.
- Point No.1 – The complainant has approached this Commission alleging deficiency of service on the part of the opposite party. The specific allegation is that the T V set sent by her using the service of the opposite party from the USA to Kozhikode was seen damaged on opening the package and opposite party declined to compensate the loss.
- PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. It is averred in the proof affidavit that the T V was packed in its original packing and marked ‘fragile’ as instructed by the opposite party. On 12-09-2020 the shipment was received and on opening the package, it was found that the T V screen was cracked and damaged. Upon contacting the opposite party, they offered only 100 dollars as compensation which is a paltry sum. PW 1 has asserted that the T V was worth Rs.40,000/-, the shipping cost to India was Rs.15,994/-, the customs duty paid was Rs.11,500/-and port charge was Rs.3,487/- and thus he had an actual loss of Rs.70,981/- due to the negligence and default of the opposite party, besides mental agony, trauma and inconvenience. Exts A1 to A3 are copies of invoices, Exts.A4 is the email dated 23.05.2022, Exts A5 is the email dated 21-09-2020 and Exts A6 is the email dated 17-09-2020.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked by the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A6. Gross deficiency of service on the part of the opposite party is established and proved. The complainant is entitled to realise from the opposite party actual loss of Rs.70,981/- suffered by her. She is also entitled to get Rs.3000/- as cost of the proceedings.
- Point No.2 : In the light of the finding on the above point, the complaint is disposed of as follows:
- CC/239/2022 is allowed.
- The opposite party is hereby directed to pay a sum of
Rs.70,981/- (Rupees Seventy Thousand Nine hundred and Eighty Oneonly) to the complainant.
- The opposite party is directed to pay a sum of Rs.3000/- (Rupees Three Thousand only) as cost of the proceedings to the complainant.
- The payment as aforestated shall be made within 30 days of
the receipt of copy of this order, failing which, the amount of Rs.70,981/- shall carry an interest of 6% per annum from the date of this order till actual payment.
Pronounced in open Commission on this the 28th day of February 2023.
Date of Filing: 06/09/2022
Sd/-
PRESIDENT
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MEMBER
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MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 –Copy of invoice.
Ext. A2 –Copy of invoice.
Ext. A3 –Copy of invoice.
Ext. A4 –E-mail dated 23-05-2022.
Ext. A5 –E-mail dated 21-09-2020.
Ext. A6–E-mail dated 17-09-2020.
Exhibits for the Opposite Party
Nill
Witnesses for the Complainant
PW1 –Rejith Ajayan
Witnesses for the opposite parties
Nil.
Sd/-
PRESIDENT
Sd/-
MEMBER
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MEMBER
Forwarded/ By Order
Sd/-
Assistant Registrar
