Date of filing:- 21/01/2020.
Date of Order:-29/01/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 10 of 2020.
Sri Ravindra Kumar Agrawal, S/o Ghanashyam Das Agrawal, Director, Laxmi Sales and Service Pvt. Ltd., At-Canal Avenue, N.H.6, Sayan, Po. Gudesira, Ps/Dist. Bargarh(Odisha).
..... .... ..... Complainant.
-: V e r s u s :-
- The Proprietor, DTDC Express Ltd, At-Gourpara Chowk, Near Gandhi Bhawan, Ward No.11, Bargarh, Po/Ps/Tahasil/Dist. Bargarh.
- The Manager, DTDC Express Ltd., Regd. Office No.3, Victoria Road, Bangaluru-560047.
..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri M.K.Satpathy, Advocate with associates.
For the Opposite Party No.1(one) :- Sri H.K.Dhal, Advocate with associates.
For the Opposite Party No.2(two) :- Sri N.K.Patra, Advocate with associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.29/01/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant is the authorised dealer and service centre of Tata Motors of this locality for sending motor parts and other material of Tata Company and has availed service of the Opposite Parties. On dt.23-10-2018, the Complainant had booked to transport several articles as per list through the Opposite Parties to be delivered at Tata Motors Ltd, Lucknow vide consignment No. G90328073 valued worth Rs. 79,369/-(Rupees seventy nine thousand three hundred sixty nine)only. After the booking of the articles the said articles were not delivered, a pleader notice dt.04-12-2019 was sent to the Opposite Parties but the Opposite Parties remained silent. The Opposite Parties have not delivered the said booked items till filing of the case, being aggrieved by the act of the Opposite Parties, this complaint was filed by the Complainant before this Commission praying that the Opposite Parties be directed to pay a sum of Rs. 1,13,638/-(Rupees one lakh thirteen thousand six hundred thirty eight)only towards compensation and Rs.20,000/-(Rupees twenty thousand)only towards litigation expenses.
2) The case of the Opposite Party is that the Opposite Party No.1(one) has filed its version and submitted that the Complainant has never booked any consignment on dt. 23-10-2018 through Opposite Party No.1(one). The case is not falling under Consumer Protection Act, and hence the petition to be dismissed.
3) The case of the Opposite Party No.2(two) is that the Opposite Party No.2(two) has filed its version and submitted that the said articles which was booked vide consignment No. G90328073 which was booked at Bargarh by the petitioner has been delivered at its destination i.e. Tata Motors Limited, Lucknow on dt. 05-10-2019 and the copy of the receipt has been annexed. Hence, the consignment has been delivered, the complaint petition to be dismissed against the Opposite Party No.2(two).
4) Perused the documents filed by the Parties and following issues are framed:-
Issues
- Whether the Opposite Parties are deficient in their service ?
- What relief the Complainant is entitled for ?
Issue No.1(one)
5) From the receipt of the courier vide consignment No. G90328073 dt. 23-10-2018, it is an admitted fact that the Complainant has availed courier services through the Opposite Parties at Bargarh and to be delivered to Tata Motors, Lucknow for which an amount of Rs. 10,720/-(Rupees ten thousand seven hundred twenty)only was charged from the Complainant vide invoice No. RS/OD/DTDC/10/2018/07 Dt. 27-10-2018. The value of the said consignment was about Rs. 79,638/-(Rupees seventy nine thousand six hundred thirty eight)only for Bare engine Assy HSN Code 8408.20.20. The Opposite Party No.2(two) has admitted that the above consignment was delivered on dt. 05-10-2019 but failed to submit any documentary evidence. As the Complainant has booked the aforesaid items through the Opposite Parties and the consignment was not delivered to the address mentioned after payment of the service charges amounts to deficiency in service on the part of the Opposite Parties.
6) As per supra discussion, the Complainant is entitled for relief claimed.
Accordingly it is ordered.
O R D E R
7) The Complaint is allowed on contest against the Opposite Parties. The Opposite Parties are jointly and severally directed to pay Rs. 79,638/-(Rupees seventy nine thousand six hundred thirty eight)only for the booked items “BARE ENGINE ASSAY HSN CODE 8408.20.20 along with Rs. 20,000/-(Rupees twenty thousand)only for mental harassment and Rs. 5,000/-(Rupees five thousand)only towards litigation expenses to the Complainant within one month of this order, failing which the entire entire awarded amount shall carry 12%(twelve percent) interest per annum till realization.
8) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.29/01/2024 and the case is allowed against the Opposite Parties and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
