DATE OF FILING : 22.6.2018

IN THE CONSUMER DISPUTES  REDRESSAL FORUM, IDUKKI

Dated this the  28th  day of   March,  2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

          SMT. ASAMOL. P                                        MEMBER

CC NO.124/2018

Between

Complainant       :    Saji Cyriac, 

Proprietor, Zion Readymades,

Pulimoottil Plaza,

Pala Road, Thodupuzha P.O.,

Idukki.

(By Adv:  Babu Sebastian)

And

Opposite Party                                          :    The Manager,

Fast and Safe Transports Pvt. Ltd.,

(Prompt Parcel Service),

Corp. off. 41/1834-D, 3rd Floor,

Veekay Tower, T.A.B. Road,

Kochi – 18.

 

O R D E R

 

SMT. ASAMOL. P., MEMBER

 

The complainant's case is that, the complainant is engaged in running textile business in the name and style as, 'Zion Readymades' at Thodupuzha.   On 23.3.2017, the opposite party was entrusted with a  consignment at its Mumbai office addressed to the complainant for delivery at Thodupuzha by Magic Plus, Western Outfit, 3 Malad Appt, Malad West Mumbai – 64, worth Rs.30461.28 which bears the number LR No.2329483.  The complainant already paid value for the same.  But the opposite party has not delivered the consignment which contained readymade garments till the date.  The opposite party has liability to deliver the consignment as per the consignment  note failing which the complainant is entitled to get the compensation.  The complainant issued legal notice to opposite party, but the opposite party did not respond or take any step to settle the matter.  The complainant has produced 5 documents.  

 

Notice served to opposite party.  But opposite party did not appear before the Forum.  Hence set exparte.

   (cont....2)

-  2  -

The point for consideration is whether there was any deficiency in service from the part of the opposite party and if so, for what relief the complainant is entitled to ? 

 

The complainant adduced evidence by way of proof affidavit.  Exts.P1 to P5 were marked.  Ext.P1 is the Consignment Note No.2329483 dated 23.3.2017, Ext.P2 is the bill No.2458 dated 21.3.2017, Ext.P3 is the office copy of the lawyer notice dated 31.1.2018, Ext.P4 is the postal receipt dated 31.1.2018 and Ext.P5 is the AD Card.

 

The POINT :-   The complainant alleges that, the opposite party has not delivered the consignment which contained readymade garments of the complainant.  Opposite party has liability to deliver the consignment as per the consignment note which is marked as Ext.P1.  But the opposite party did not respond or take any step to settle the matter at any time.  The complainant has issued legal notice to opposite party which is marked as Ext.P3.  The complainant produced 5 documents before the Forum for proving alleged facts.  Notice served to the opposite party.  But opposite party did not appear before the Forum.  So called absent, set exparte.  

 

Hence the complaint allowed.  The Forum directs the opposite party to pay compensation of Rs.30,461.28/- to the complainant with 18% interest from the date of entrustment until the date of realisation and also Rs.3000/- as cost of the complaint within 30 days of the receipt of a copy of this order.

 

Pronounced in the Open Forum on this the 28th  day of  March, 2019   

 

 

   

SMT. ASAMOL. P., MEMBER

 

 

 

     SRI. S. GOPAKUMAR, PRESIDENT

         

 

 

 

 

 

(cont....3)

-  3  -

 

APPENDIX

 

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1       -  Consignment Note No.2329483 dated 23.3.2017.  

Ext.P2      -  bill No.2458 dated 21.3.2017. 

Ext.P3      -  office copy of the lawyer notice dated 31.1.2018. 

Ext.P4      -  postal receipt dated 31.1.2018

Ext.P5      -  AD Card.

On the side of the Opposite Party :

Nil.

 

 

 

          Forwarded by Order,

 

 

 

             SENIOR SUPERINTENDENT