SMN CONSUMER PROTECTION COUNCIL Vs. FIRST FLIGHT COURIERS P LTD

JUDGEMENT

(1.) The complaint having been dismissed by the District Forum, this appeal has been filed by the complainant.

(2.) The 2nd complainant Mr. C. T. Kurien (the 1st complainant being the SMN Consumer Protection Council) has given a packet on 2.7.1996 to the 2nd opposite party for transporting it to Pune. The 2nd opposite party issued airway bill and received a sum of Rs.70/- in cash. According to the complainants the contents of packet were a pair of scissors and 2 ash trays. The further case of the complainants is that after 2 days, the opposite parties returned the packet stating that the glass items could not be transported. They also returned the freight charges received. The complainants would submit that the act of the opposite parties amounts to deficiency in service. On these allegations, the complaint has been filed claiming direction to the opposite parties to send the parcel containing the said articles and also to pay a nominal compensation of Re.1/- and also a sum of Rs.11/- for mental agony.

(3.) The District Forum stated in its order that there was no representation for the opposite party and it has not referred to any written version at all. But in fact it is admitted before us that the opposite parties had filed a written version contesting the matter. The District Forum on consideration of the pleadings and the evidence came to the conclusion that there was no deficiency in service proved as against the opposite parties. On this finding it dismissed the complaint.