C.C.No.114/2008

Between:
M/s SS Plastics, Rajahmundry Rep by its Proprietor,
Smpathmal Surana, s/o Fathechand Surana, 52 years,
D.No.3D 2-1-43, K V R Swamy road, Rajahmundry. ..Complainant.

A N D

M/s Sree Sree road lines (Sree Sree Kaleswari Supply office),
Rep by its Proprietor, K Jogarao, D.No.32-5-21, Market Street,
Rajahmundry. ..Opposite party.
This case is coming on 20.3.2009 .for final hearing before this Forum and upon perusing the complaint, and other material papers on hand and upon hearing the arguments of Sri S K M Basha, Advocate for the complainant and opposite party remained exparte and having stood over for consideration till this day, this Forum has pronounced the following.

O R D E R

(By Smt.H V Ramana, Member)
This is a complaint filed under section.12 of the Consumer Protection Act, 1986 by the complainant to direct the opposite party to pay compensation of Rs.11,353/- under various heads.
2. The case of the complainant as set out in the complaint in brief is that, the complainant is doing plastic business. On 7.11.2007 he sent one bundle of damaged plastic items to M/s Rishabh plastics, Hyderabad through the transport of the opposite party worth Rs.5,000/- and the opposite collected Rs.100/- towards freight charges. The opposite party issued an LR No.1349 D/7-11-2007 for a sum of Rs.100/- infavour of the complainant. But the aforesaid articles were not delivered to M/sRishabh Plastics, Hyderabad so far. The complainant approached number of times to the opposite party and the opposite party did not respond properly. As such this complainant lost his reputation and it sustained huge loss to his business. The complainant got issued a legal notice Dt.25.8.2008, but the opposite party did not gave any reply. Non delivery of goods amounts to deficiency in service. Hence, the complaint.
3. The opposite party remained exparte did not turn up and remained exparte.
4. Exs.A.1 to A.3 has been marked on behalf of the complainant and no oral evidence has been adduced on either side.
5.Heard the complainant.
6.The points that arise for consideration are:
1) Whether there is any deficiency in service on the part of the opposite
party?
2) Whether the complainant is entitled for any relief, If so, to what
relief?

7.POINT NO.1: The Admitted facts in the case are that the complainant booked his goods worth Rs.5,000/- with the opposite party and paid Rs.100/- towards delivery charges to deliver the same to M/s Rishabh Plastics, Hyderabad and for which the opposite party gave a receipt vide Ex.A.1. When the goods were not delivered, the complainant asked for several times and finally got issued a legal notice under Ex.A.2 and A.3. Non-delivery of the goods by the opposite party to M/s Rishabh Plastics, Hyderabad amount to deficiency in service. The complainant issued the legal notice, even then there is no reply from the opposite party. The opposite party failed to appear before this Forum even inspite of notices and publication, did not turned up, hence remained exparte.
As per the material in hand and as per the discussion held supra, we are of the considered opinion that the opposite party did not deliver the goods and it amounts to deficiency in service on their part.
8. POINT NO.2: In the result, the complaint of the complainant is allowed in part directing the opposite party to pay an amount of Rs.5,000/-(Rupees five thousand only) with interest @12% from the date of filling i.e on 25.11.2008 till the date of realization. The opposite party is further directed to pay Rs.1,000/- (Rupees one thousand only) towards costs.