- (1.) The Respondent as complainant filed a complaint before the District Forum against the opposite party praying for the direction to the opposite party to pay Rs.25,000/- towards compensation alongwith interest and cost. The District Forum partly allowed the complaint. Against the said order, this appeal is preferred praying to set aside the order of the District Forum dt.16.6.2008 in OP.No.145/2007. This petition coming before us for hearing finally on 10.5.2011. Upon hearing the arguments of the counsels on both sides, perusing the documents, lower court records, and the order passed by the District Forum, this commission made the following order: M. THANIKACHALAM J, PRESIDENT 1. The opposite party is the appellant.
(2.) The complainant/ respondent, claiming that he is a distinguished personality, and by the non-delivery of the cover entrusted by him, to the opposite party, to the address given, caused professional loss, damage etc., claimed a sum of RS.25000/- as compensation, for deficiency in customer service, with interest.
(3.) The opposite party, admitting the non-delivery of the consignment, resisted the case, contending that the delivery was not possible, because of the insufficient address, and therefore they have returned the consignment to the complainant himself, and this being the position, there is no question of any deficiency or negligence in service, and even assuming, if at all the complainant is entitled to any claim that should be only a sum of RS.100/-, as compensation for non-delivery, that too in this case not possible, since it was returned to the sender, thereby praying for the dismissal of the complaint.;