SRI. SAJEESH.K.P     : MEMBER

    This is a complaint filed by the complainant under Sec.35 of the Consumer Protection Act 2019 seeking direction against the   OPs  to return back the Laptop or to pay  the amount of Laptop and to pay  an  amount of Rupees one lakh  as compensation for the deficiency of service  on the part of the opposite parties.

     That the complainant on 26/3/2021  had sent a Laptop through DTDC Courier office(1^st OP), Thazhe Chovva Kannur to  Kadugodi, White field Bangalore  where complainant’s husband resides. The courier agent received Rs.400/- from the complainant towards the courier charge.  But on the  very next day husband of complainant returned from Bangalore to homeland.  So complainant contacted DTDC customer support to get the laptop back, the latter give the contact number of DTDC Kannur  main branch(2^nd OP).  And, husband of complainant contacted staff of 2^nd opposite party and  on the basis of tracking  status  they told that laptop has not reached at Bangalore yet and it will be returned to Kannur branch.  After that husband of complainant contacted the  DTDC office several times and got  the reply that it reached Bangalore and will return it soon.  But all these words remain in words the manager of Kannur  main branch( 2^nd OP) told that the laptop  was lost, with regard to this complainant sent mail to DTDC and a  complaint was registered.  After the complaint a vigilance enquiry was done  which was  not truthful.  Now, the DTDC(Ops) are ready to pay the insurance amount of Rs.5000/- which was paid against  laptop by DTDC.  The laptop worth Rs.60,000/- was insured without the knowledge of complainant.  Moreover many documents and photos were saved in the laptop.  The complainant is apprehending the misuse also.  Hence this complaint.

   After filing the complaint, notice was issued to both opposite parties.  Opposite parties are received the notice and not appeared before the commission and not filed any version.  The commission had to hold that OPs have no version  as such in this case came to be  proceed against the OPs as  exparte. 

         Even though, the opposite parties have  remained ex-parte, it is for the complainant to establish the documents made by her against the  OPs.  The complainant was called upon to produce  evidence in the form of  affidavit and documents.  Accordingly the complainant   produced proof affidavit along with  documents marked as Exts.A1 to A3 and complainant was examined as PW1.  Ext.A1 is the consignment bill dtd.26/3/2021 and Ext.A2 is the mail details, Ext.A3 is the cash bill dtd.10/12/2017. So the opposite parties are remained absent  in this case.  At the end the commission heard the case on merit.

      On the perusal of  documents produced by the complainant , Ext.A1 is the consignment  bill issued by DTDC,Thazhe chovva(1^st OP) shows  the  consignment of laptop to Bangalore and courier charge of Rs.400/- which was remitted from complainant.  Ext.A2 is the mail details produced by complainant in order to substantiate  the point that a vigilance enquiry was initiated and the report  is  loss of laptop at White field branch .   Moreover, the claim of  amount of laptop was also claimed and the opposite party team has decided to close the complaint raised by  opposite party  by paying  Rs.5000/- as insurance amount.  Hence it is clearly evident  that  loss of laptop as stated in the complaint  after perusing  all the mail conversations.  Ext.A3 is the cash bill issued by Al-Mutlaq United Co. at Dammam during purchase of said laptop.  The amount  shown in bill as SR-2680/- conversion of Saudi Riyal into Indian rupees in near about 53,026/-.  From the documents Exts.A1&A2, it is a case of  deficiency in service from the part of opposite parties.   Hence the commission came to a conclusion that the opposite parties are liable for deficiency  in service   towards complainant and the opposite parties are jointly and severally liable to return the laptop or to pay the price amount of laptop in default.  And to pay compensation and cost of Rs.8000/- to the complainant.

         In the result complaint is allowed in part directing the opposite parties are  jointly and severally liable to return the laptop or to pay the price amount of Rs.53026/- of laptop in case  default and to pay Rs.8000/- as compensation and cost of litigation  to the complainant within  30 days from the date of  receipt  of this order,   failing which the   complainant shall be  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts

A1-Consignment bill dtd.26/2/2021

A2-Mail details

A3- cash bill of laptop

Sd/                                                                             Sd/                                                                        Sd/

PRESIDENT                                               MEMBER                                                        MEMBER

Ravi Susha                      Molykutty Mathew.                               Sajeesh K.P

eva         

                                                   /Forwarded by Order/

                                                    SENIOR  SUPERINTENDENT