BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD : THIRUVANANTHAPURAM<br /> PRESENT:<br /> <br /> SHRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENA KUMARI. A : MEMBER<br /> SMT. S.K. SREELA : MEMBER<br /> <br /> C.C.37/2007 Filed on 08..02..2007<br /> Dated: 30..06..2008<br /> <br /> Complainant:<br /> <br /> K.S. Reghunatha Panicker, House No.66, 'Prasanth' Neerazhi Lane, Ulloor, Thiruvananthapuram – 11.<br /> <br /> Opposite parties:<br /> <br /> 1.DTDC Courier Company, Cherthala Branch.<br /> 2.DTDC, Main Office Sasthamangalam, Thiruvananthapuram.<br /> 3.Regd. Office, DTDC House No.3,Victoria Road, <br /> Bangalore – 47.<br /> (By Adv. Sri. Karakulam P.G. Manoj)<br /> <br /> This O.P having been heard on 19..05..2008, the Forum on 30..06..2008 delivered the following:<br /> <br /> ORDER<br /> <br /> SMT. S.K.SREELA, MEMBER:<br /> <br /> The complaint is filed by Sri. K.S. Reghunatha Panicker, Retired Scientific Assistant, Medical College, against DTDC Courier Company and the grievance of the complainant is as follows:- Complainant's mother passed away on 23..01..2007 at Cherthala and after the burial the complainant left for Thiruvananthapuram. As per the suggestion of the Astrologer, the 'Sanchayanam' ceremony was fixed on 29..01..2007 and the complainant's brother on 25..01..2007 had entrusted the opposite parties to despatch 25 Sanchayanam cards to the complainant and the 1st opposite party had promised to deliver the consignment on 27..01..2007, since 26..01..2007 being a public holiday. But till 28..01..2007 the consignment did not reach the complainant and as the complainant being the eldest son of the deceased was not seen till 28..01..2007, his relatives contacted him over phone and informed about the Sanchayanam and the complainant somehow managed to reach Cherthala but by that time most of the rituals to be done by the complainant as the eldest son of the deceased were done by his brothers. This has caused severe mental agony to the complainant besides becoming a mocking figure in the public. As the consignment reached the complainant's house on 29..01..2008 after 3 P.M, it was refused to be accepted but the consignment has not till date been entrusted to the consignor. The act in not delivering the consignment to the complainant has caused severe mental agony and sufferings to the complainant for which this complaint has been filed for compensation.<br /> <br /> 2.Opposite parties remain ex-parte.<br /> <br /> 3. Complainant as PW1, has filed affidavit and marked Exts. P1 & P2.<br /> 4.The points that would arise for consideration are:<br /> <br /> (i)Whether there is deficiency in service on the part of the opposite parties?<br /> (ii)Whether the complainant is entitled for any reliefs claimed?<br /> 5. Points (i) & (ii): The grievance of the complainant is that, the consignment containing the 'Sanchayanam' card of his mother did not reach him in time which has resulted in non-performance of most of the rituals by the complainant as the eldest son of the deceased mother. Ext.P1 courier consignment note goes to prove that a consignment has been sent to the complainant by payment of Rs.15/- on 25..01..2007. Ext.P1 courier consignment note, containing the terms and conditions of the contract has not been signed by the consignor. Complainant alleges that it did not reach the destination on 27..01..2008 as agreed by the 1st opposite party. The opposite party has never turned up to deny the same nor they have contested the case. Ext.P2 is the 'Sanchayanam' card which evidences that the after death ceremony was on 29..01..2008. The complainant has filed affidavit in support of his complaint. He has not been cross examined, hence his affidavit stands unchallenged. The complainant alleges that the non-delivery of the consignment in time has deprived him from performing the rituals as the eldest son of the deceased besides the fact that the complainant's relatives could not be informed about the Sanchayanam due to the non-availability of the said cards in time. This act of the 1st opposite party had not only caused the complainant to suffer a great deal of mental agony but also deprived him of his duties as the eldest son of the deceased mother. One can understand the condition of the complainant at that time when one puts himself in the place of the complainant. Though the loss cannot be commutted in terms of money the complainant has to be compensated for the sufferings he had to undergo.<br /> <br /> 6. In the light of the above discussions we find that the complainant has succeeded in establishing his complaint. The complainant is found entitled for an amount of Rs. 2,000/- towards compensation from the opposite parties jointly and severally.<br /> <br /> In the result, the opposite parties are jointly and severally directed to pay an amount of Rs.2,000/- (Rupees Two thousand only)towards compensation to the complainant alongwith a cost of Rs.500/- (Rupees five hundred only) within a period of one month failing which the amount shall carry interest at 12% from the date of this order.<br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, on this the 30th day of June, 2008.<br /> <br /> <br /> G.SIVAPRASAD, PRESIDENT.<br /> <br /> <br /> BEENA KUMARI. A : MEMBER<br /> <br /> <br /> S.K. SREELA : MEMBER<br /> <br /> <br /> ad.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> CC.No.37/2007<br /> <br /> APPENDIX<br /> <br /> I.Complainant's witness:<br /> <br /> PW1 : K.S. Reghunatha Panicker<br /> <br /> II.Complainant's documents:<br /> <br /> Ext.P1 : Original Courier Consignment receipt No.T 18234838 dated 25..01..2007<br /> <br /> Ext.P2 : Original Obituary card dated 24..01..2007<br /> <br /> III.Opposite parties' witness: NIL<br /> <br /> IV.Opposite parties' documents: NIL<br /> <br /> <br /> <br /> <br /> <br /> PRESIDENT.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />