DESK TO DESK COURIER AND CARGO LTD. Vs. REESI KRISHNAVENI

JUDGEMENT

(1.) THIS appeal is filed by the opposite party No. 2 against the order of the District Forum, Visakhapatnam dated 27.8.1999 in C.D. No. 566/98. The original complaint was filed by Smt. Reesi Krishnaveni against M/s. Desk to Desk Courier and Cargo Limited, N.A.D. Kotha Road (opposite party No. 1) represented by its Manager and Desk to Desk Cargo Ltd., Dondaparthy, Visakhapatnam (opposite party No. 2) for deficiency of service in not delivering her application in time addressed to the Principal, D.I.T.E., Vomarvally, Srikakulam District. On 14.7.1998 the complainant handed over the application to be delivered on the above address, 20.7.1998 being the last date for receiving applications. The examination was to be held on

(2.) 8.1998. However since the complainant did not receive any hall ticket, she enquired on 28.7.1998 from the opposite party No. 1/respondent No. 2 who could not confirm whether her application was delivered in time. Subsequently it neither delivered the application to the Principal, DITE nor returned it to the complainant. As a result complainant lost one academic year. She, therefore, lodged complaint at District Forum, Visakhapatnam on 10.11.1998. Since notice was not delivered case against the first opposite party was dismissed by the District Forum. Second opposite party filed its counter and affidavit was filed by G.V. Satyanarayana, its Net Work Executive. Complainant also filed her affidavit. The District Forum however directed the opposite party No. 2 to return Rs. 15/ - the amount paid by the complainant and also pay compensation of Rs. 5,000/ - within two months failing which interest of 15% p.a. was awarded from the date of order till the date of payment and also Rs. 1,000/ - as costs. 2. In the appeal opposite party No. 2 questions the order of the District Forum stating that as per the condition printed in the consignment voucher its liability is limited to the extent of Rs. 100/ - only for any loss or damage.

(3.) IN the complaint since the notice was not served on the first opposite party the claim against it was dismissed by the District Forum. The second opposite party filed its counter and affidavit was filed by G.V. Satyanarayana, Net Work Executive. He alleged that opposite party No. 1 was not aware that the date of examination was 2.8.1998 and the last date for receipt of application was 20.7.1998 and it could not deliver the letters at Vomarvally as it was wrongly informed by the complainant that Vomarvally was in Srikakulam town while it was located in Srikakulam District which was 20 miles away. It could not return it to the complainant as her address at Visakhapatnam was incomplete. However the said cover was not filed by the opposite party and, therefore, the District Forum stated as follows : The cover is not filed by the opposite party. If it is filed it would reveal whether the complainant stated that delivery point Vomarvilly is village (in) and it is the delivery point. the consignee address is noted down by the opposite parties but not by the complainant.  They also observed that on 28.7.1998 when the complainant approached the opposite party the opposite party replied that they were still waiting for the acknowledgement from the consignee. On 18.6.1999 an affidavit was filed by G.V. Satyanarayana, Net Work Executive, Desk to Desk and Cargo Ltd., Dondaparty, Visakhapatnam stating that he was a new executive and earlier due to change of franchise letter was misplaced and after taking charge he filed affidavit requesting that the ex parte order should be set aside.