CLAIMS DEPARTMENT, ANL PARCEL SERVICE Vs. RANI SATHIJI BAJAJ

JUDGEMENT

(1.) The appellants are the Opposite parties in C. C. 39/2008 before the District Forum, Adilabad against whom an order was passed directing to replace similar article ( Laptop) or pay its value to the respondent/ complainant within one month from the date of passing of the order. Interest to accrue at 9% after due date till realization. Aggrieved by the impugned order this appeal is filed questioning the legality and propriety of the order.

(2.) Briefly stated the facts of the case are that the complainant had sent an LG Laptop worth Rs.34,000/- to Shiva L G Service Centre at Warangal through ANL parcel service under goods consignment note no. GC 00210338 dt.29.3.2008 for which a sum of Rs. 141/- was collected towards charges. The consignee ie. Shiva LG Service Centre went to take delivery of the parcel from the Warangal ANL parcel service and when the parcel was opened he found that the Laptop was missing from it. A written complaint was sent to OP. 1 informing about the missing of Laptop for which a reply was sent stating that the matter was under investigation. The complainant has no other option except to approach the District Forum for redressal of the grievance seeking a compensation for the act or omission on the ground of deficiency in service. 2. The OP.2 in it version had denied that the LG Laptop worth Rs.34,000/- was actually sent through the parcel service. The complainant has not disclosed the contents of the parcel/consignment or mentioned its value in the receipt. In the absence of disclosure of its value or its contents, the OPs are only liable to pay Rs.50/- towards compensation and It cannot be said that there was any deficiency . OP. 2 is not aware that the consignment that was opened by Shiva LG Service Centre in the presence of OP 1 s representation.

(3.) The complainant along with his affidavit filed Ex. A! consignment receipt and copy of letter at. 21.4.008 which was addressed to OP. 2 informing about the missing of the consignment booked through the ANL parcel service. The OPs have not filed any documentary evidence. On consideration of the material on record, the District Forum directed the opposite parties to return the similar laptop or pay its value to the complainant within one month and interest to accrue at 9% on the value of the laptop after expiry time for compliance.