State Consumer Disputes Redressal Commission
U.Velusamy vs The Professional Couriers, Rep By Its ... on 29 September, 2023
Daily Order IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI. Present: Hon'ble THIRU JUSTICE R. SUBBIAH : PRESIDENT F.A. No. 611 of 2023 (Against the order passed in C.C. No.83 of 2022 dated 13.10.2022 on the file of DCDRC, Perambalur). Friday, the 29th day of September 2023 1. U. Velusamy Panickarkulam, Kayathar Thoothukudi -628 952. 2. U.Krishnasamy No.55/9, Indira Nagar First Avenue Extension Indira Nagar Chennai - 600 020. .. Appellants / Complainants Vs. 1. The Professional Couriers Rep. by its General Manager Head Office at No.17, Cathedral Garden Road Nungambakkam Chennai - 600 034. 2. The Professional Couriers Rep. by its Branch Manager New No.20, Old No.63 Teachers Colony Adyar, Chennai - 600 020. 3. The Professional Couriers Rep. by its Branch Manager No.65, Madurai Road Teachers Colony Tirunelveli-627 001. .. Respondents/ Opposite parties Counsel for the Appellants/ Complainants : M/s. N. Gnanapranavan Counsel for the Respondents / Opposite Parties : Mr. Sathiya Narayanan This appeal came before me on 29.09.2023, today. Upon hearing the arguments of the learned counsel appearing for the appellants and the respondents, perusing the documents, lower court records and the order passed by the District Commission, this Commission made the following order in the open court. ORDER
THIRU.R.SUBBIAH, PRESIDENT(Open court) This appeal has been preferred by the appellants/ complainants against the order of dismissal passed by the District Commission, Perambalur in C.C. No.83/2022 dated 13.10.2022 for non-appearance of the both parties and for non-filing of Proof Affidavit, in spite of sufficient opportunities were given to them.
2. The case of the complainants before the District Commission is that 1st opposite party is running a courier service with branches in many places. The 2nd and 3rd opposite parties are the respective branch offices at Adyar, Chennai and Tirunelveli. On 11.04.2017 the 1st complainant booked a consignment/letter in the 3rd opposite party branch to be delivered to his brother the 2nd complainant, at Adyar. The Consignment Number is TVL 491757 and it contained the original community certificate of the 2nd complainant. The 2nd complainant had to leave to New Delhi on 13.04.2017 to attend an interview for which the train ticket has been booked. The cover was not delivered to the 2nd complainant on 12.04.2017. When the 2nd complainant visited the office of the 2nd opposite party in person and enquired, after much persuasion, he found that the cover has been misplaced. Since the opposite parties offered to send the certificate cover to Delhi afresh, the 2nd complainant left to Delhi, with tremendous stress. The 1st complainant had to undergo extreme strain, stress and run from pillar to post to obtain a fresh community certificate at Kovilpatti on 13.04.2017, within one day and sent the same to the 2nd opposite party. The 2nd opposite party sent the said cover to Delhi on 14.04.2017, which was received at Delhi on 17.04.2017. Due to the deficiency in service on the part of the opposite parties, both the complainants suffered severe mental agony, stress and loss of money. The complainants caused a legal notice on 29.05.2017 to the opposite parties to pay a sum of Rs.50,000/- as compensation for the mental agony and sufferings. Though all the opposite parties received the notice, the 3rd opposite party sent a reply dated 06.06.2017, regretting for the inconvenience caused and expressing their limited liability for any loss of shipment. Hence, alleging deficiency of service on the part of the opposite parties, the complainants have filed the complaint before the District Commission for a direction to the opposite parties to pay a sum of Rs.50,000/- as compensation towards deficiency of services and to pay a sum of Rs.50,000/- towards mental agony, monetary loss, damages etc.
3. In the said complaint, the complainants and the opposite parties have not appeared and had also not filed proof affidavits, inspite of sufficient opportunities were given to them. Finally, when the matter came up on 13.10.2022 before the District Consumer Commission, Perambalur, the complaint was dismissed for default. Against which, the present appeal has been filed.
4. Though the conduct of the appellants/ complainants exhibits a lethargic attitude, when the case had come up for hearing on 26.09.2023 in order to provide an opportunity to the appellants/complainants to prosecute the case on merits, this appeal was allowed on condition that the appellants/opposite parties shall pay a sum of Rs.3,000/- to the Legal Aid Account, SCDRC drawn in favour of the Registrar, SCDRC, Chennai on or before 27.09.2023.
5. Today, when the matter again appeared in the list, it is reported by the Counsel for appellants that the conditional order has been complied with. Hence, the order of the District Commission, Perambalur in C.C. No.83/2022 dt. 13.10.2022 is set aside and the matter is remanded to the District Commission, Perambalur, with a direction to restore the complaint on file. The District Commission, Perambalur is further directed to issue fresh notice to the parties by fixing a fresh date of hearing and on their appearance to proceed with the case, in accordance with law.
In the result, the appeal is allowed by setting aside the order of the District Commission, Perambalur in C.C. No.83/2022 dt. 13.10.2022, and the DCDRC, Perambalur is directed to restore the compliant on file for fresh disposal.
The District Commission, Perambalur is also directed to issue fresh notice to the parties by fixing a fresh date of hearing and on their appearance to proceed with the case in accordance with law on merits.
R. SUBBIAH PRESIDENT Index : Yes/ No AVR/SCDRC/Chennai/Orders/October/2023