SRI. K. ANIRUDHAN (MEMBER)<br /> <br /> The complainant Smt. Reshma Jagadeesh, Advocate residing at Karukayil Jyothi Bhavan, Mullathu Ward, Alappuzha has filed this complaint before this Forum by alleging deficiency on service against the opposite parties. The case of the complainant is as follows: On 11.8.2006, the complainant approached the 1st opposite party’s office at Boat Jetty, Alappuzha for sending a parcel to Goa. The complainant revealed the 1st opposite party that the parcel was “Kasavu Mundu and Neriyath” worth Rs.2000/- and it is meant for Onam programme to be held at Panaji, Goa on 2.9.2006 and the article was addressed to her sister. As per the direction of the 1st opposite party, his staff weighed the article and said to the complainant that the parcel weighs 700 grams and charged Rs.140/- as shipping charges, by the 1st opposite party. Though the opposite party asked the contents in the parcel and weighed it deliberately avoided to quote the details regarding the parcel. When the complainant asked about putting her signature and filling other particulars, the opposite party replied that the columns need not be filled by the consigner and parcel will be delivered at Goa on 13.8.2006. But unfortunately the parcel was not reached in Goa the complainant enquired about the details in the office of the 1st and 2nd opposite parties. Since complainant has not obtained any positive steps regarding the lose of the article from the opposite parties, complainant has filed this complaint before the Forum seeking relief. <br /> 2. Notice was isused to the opposite parties and they entered appearance and filed detailed version. In the version filed by the 1st opposite party, it is stated that the complainant claims to have sent a Kasavu Mundu and Neriyath, the consignment note produced before the Forum does not reveal any such details and neither the weight of the content nor the price of the content has not mentioned in the consignment note, nor provided by a separate declaration. It is further stated that bill produced before the Forum shows that the price of the article as Rs.1995/- while in complaint and proof affidavit, the value of material as Rs.2000/-. It is stated that the complainant has not executed any declaration and that the article which was sent only an ordinary document worth less than Rs.100/- and not any Kasavu Mundu and Neriyathu and denied the charge of Rs.140/- and stated that the complainant is not entitled any relief. In the version filed by the 2nd opposite party it is stated that the parcel was not Kasavu Mundu and Neriyathu worth Rs.2000/- and neither the content nor its worth or the need, were revealed to them at the time of booking by the complainant. The parcel was handed to them in sealed condition and the complainant was not filed any declaration. It is further stated that the complainant has not approached their office or not enquired anything about that matter.<br /> 3. Considering the rival contentions of the complainant and the opposite parties this Forum raised the following issue:- <br /> Whether the complainant is entitled for compensation as prayed for, from the opposite parties, establishing the deficiency as averred in the complaint?<br /> <br /> 4. Complainant filed proof affidavit and produce 5 documents are marked as Exts.A1 to A5. Ext.A1 is the original cash receipt for Rs.140/- issued by the opposite party, as shipment charge. The receipt shows that the weight of the article was 700 grams. Ext.A2 is the copy of the complaint sent by the complainant to the 2nd opposite party. Ext.A3 is the reply letter to the complainant. Ext.A4 is the Lawyer notice to the 2nd opposite party. Ext.A5 is the cash receipt dt. 7.8.06 showing the purchase of the article. Complainant examined. While cross examination, complainant clearly stated that she was entrusted the article with the 1st opposite party and the parcel was Kasavu Mundu and Neriyathu. She stated that, weigh .” She further stated that , “ . “ <br /> 5. Opposite parties filed proof affidavit and produced Ext. B1 document. B1 document is the declaration to be executed by the complainant at the time of entrusting the parcel. In the complaint, it is stated that when the complainant asked about putting her signature and fitting other particulars; the 1st opposite party replied that those columns need not be filled by the consigner and the parcel will be delivered at Goa on 13.8.2006. It is the duty of the 1st opposite party to get it signed in the declaration by the complainant, at that time. <br /> 6. Taking all the aspects of the case and a perusal of the records, affidavit and sworn statement taken into consideration, we are of the view that the complainant is entitled to get the relief since the deficiency of service against the opposite parties are proved. <br /> In the result, we direct the opposite parties to pay Rs.2000/- (Rupees two thousand only) towards the price of the article, Rs.140/- (Rupees one hundred and forty only) collected as shipment charges, Rs.2000/- (Rupees two thousand only) as compensation to mental agony and sufferings and a cost of Rs.1000/- (Rupees one thousand only) to the complainant. We direct that the opposite parties shall pay the said amounts to the complainant within one month from the date of receipt of this order. <br /> Pronounced in open Forum on this the 26th day of March, 2008.<br /> <br /> <br /> SRI. K. ANIRUDHAN (MEMBER)<br /> <br /> SRI. JIMMY KORAH (PRESIDENT)<br /> <br /> SMT. N. SHAJITHA BEEVI (MEMBER)<br /> <br /> APPENDIX:- <br /> <br /> Evidence of the complainant:-<br /> <br /> PW1 - Reshma Jagadeesh (Witness)<br /> <br /> Ext.A1 - Original Cash Receipt for Rs.140/-<br /> <br /> Ext.A2 - Photo copy of the complaint sent by the complainant to the 2nd opposite party.<br /> <br /> Ext.A3 - Reply letter to the complainant dtd. 6.9.2006.<br /> <br /> Ext.A4 - Lawyer’s notice to the 2nd opposite party.<br /> <br /> Ext.A5 - Cash receipt dt. 7.8.2006.<br /> <br /> Evidence of the opposite parties:-<br /> <br /> RW1 - Vincent Paul (Witness)<br /> <br /> RW2 - Shanil (Witness)<br /> <br /> Ext.B1 - Photo copy of the declaration<br /> <br />