BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
M.V.R. SHARMA, B.A. MEMBER
Monday, 12th October 2015
CONSUMER COMPLAINT No. 37 / 2015
N. Sahadeva Reddy, S/o N. Gangi Reddy,
Proprietor, M/s Srinivasa Agencies, Aged 38 years,
Hindu, D.No. 21/685-2, Hospital Road, 7 Road,
Kadapa city. ….. Complainant.
Vs.
1. DTDC Courier and Cargo Ltd., Rep. by its
Branch manager, Kadapa Branch, Opp. Ashoka Lodge,
Kadapa city.
2. DTDC Courier and Cargo Ltd., Rep. by its
Branch Manager, Balanagar Branch, Flat No. 71,
Amma Mess Line, Prasanth Nagar, Kukatpalli,
Hyderabad.
3. DTDC Courier Cargo Ltd., Rep. by its
Regional Manager, Vijayawada.
4. DTDC Courier and Cargo Ltd., Rep. by its
Chairman and Managing Director, #3, Victoria Road,
Bangalore – 560047, Karnataka. ….. Opposite parties.
This complaint is coming before us for final hearing on 5-10-2015 and perusing complaint and other material papers on record and on hearing the arguments of Sri G. Trivikram Singh, Advocate for complainant and Sri M. Sudhakar Babu, Advocate for Opposite party No. 1 and O.P. 2 to O.P.4 called absent and set exparte on 7-7-2015 and the matter is having stood over for consideration this day, the Forum made the following:-
O R D E R
(Per Sri M.V.R. Sharma, Member),
1. This Complaint is filed under section 12 of the Consumer Protection Act 1986 requesting this forum to direct the Opposite parties:-
(a) To pay Rs. 50,000/- towards compensation for deficiency of service
(b) To pay Rs. 2,000/- towards cost of the complaint.
2. The complainant filed the complaint and stated that his sister is residing at U.S.A along with her husband and 14 months baby. In fact his sister went to U.S.A. recently her baby was treated at Kadapa by local doctors. After reaching there to U.S.A her baby suffered with the same problems and requested the complainant to send medicines as prescribed the Kadapa doctors. Accordingly, he has purchased medicines worth of Rs. 1,681/- at Kadapa to send the same to U.S.A through his friend by name G. Srinivasa Babu, whose schedule was fixed to U.S.A.
3. The complainant further stated that on 19-3-2015 booked consignment through opposite party No. 1 (for short herein called as O.Ps) by his friend namely G. Subbarayudu. The consignment having 0.970 grams of weight with medicines by paying consignment charges of Rs. 330/-, vide consignment No. V21302823, to his friend who is residing at Hydrabad. The O.P.1 informed that the said pack will be delivered to the addressee by the next day. But it was not delivered on the next day to the addressee and also stated that the addressee also enquired about the non-delivery of consignment with O.P.2. The O.P.2 informed that the consignment booked by the O.P.1 did not reached to Hyderabad and gave a complaint to O.P.1 requesting him to take necessary action for delivery of the said consignment and there was no response from O.P.1. At last the O.P.1 called G. Subbarayudu, who booked the consignment and returned the said consignment, which is not delivered to the addressee on 7-4-2015. Hence, this complaint.
4. The O.P.1 filed counter and admitted that the complainant booked a parcel containing medicines to his friend G. Srinivasa Babu, who is residing at KPHB colony, Hyderabad vide consignment No. V21302923, dt. 19-3-2015 it was booked by his friend G. Subbarayudu by paying Rs. 330/- and also stated that the allegation of the complainant that the said parcel booked on 19-3-2013, it was not delivered on 20-3-2015 to the consignee at Hyderabad.
5. The O.P.1 stated that the said consignment reached Hyderabad on 20-3-2015 and it could not delivered due to festival holiday and on the next day our delivery boy went to the addressee at KPHB Colony, Hyderabad to deliver the consignment but the addressee flatly refused to receive the consignment booked at Kadapa on the ground that there was a delay of one day. Hence, the said consignment returned to Kadapa by O.P.2 on 7-4-2015, which was taken by the consigner Mr. Subbarayudu, himself under protest from O.P.1. Hence, there is no deficiency of service on the part of the opposite parties. Hence, the Hon’ble forum may be dismiss the complaint.
6. The O.P. Nos. 2 to 4 are called absent and set exparte on 7-7-2015.
7. To prove his case the complainant filed an affidavit along with documents and got marked Exs. A1 to A3. No documents are marked on behalf of the opposite parties. No oral evidence has been let in by the parties.
8. On the basis of the above pleadings the following points are settled for determination.
i. Whether the complainant is eligible for compensation as prayed by him?
- Whether there is negligence or deficiency of service on the part of opposite parties?
- To what relief?
9. Point Nos. 1 & 2. The learned counsel of the complainant contended that the complainant booked a consignment worth of Rs. 1,681/- of medicines at O.P.1 to send U.S.A to his sister through his friend by name G. Srinivasa Babu, who is residing at KPHB Hyderabad whose schedule was fixed to go U.S.A. The said consignment booked his friend by name G. Subbarayudu, by paying Rs. 330/- vide consignment No. V21302823 on 19-3-2015 and the O.P.1 assured that the said pack delivered to the addressee next day. But it was not delivered and returned by O.P.1 who is booked the consignment on 7-4-2015.
10. Per contra learned counsel for O.P.1 contended that the said consignment reached Hydreabad as per assurance on 20-3-2015 and it could not delivered due to festival holiday the next day our delivery boy went to the addressee to deliver the consignment but the addressee flatly refused to receive the consignment on the ground that there was a delay of one day. Hence, the consignment returned to the complainant on 7-4-2015.
11. In the present case on hand there is no dispute above said consignment booking at O.P.1. The complainant sister residing at U.S.A her baby was treated at Kadapa before she went to U.S.A. After reaching U.S.A her baby suffered same problems. Hence she requested the complainant to send same medicines as prescribed by Kadapa doctor. As seen Ex. A2 it reveals that as per her sister request he purchased medicines worth of Rs. 1,681/- at Kadapa to send the same to U.S.A through his friend by name G. Srinivasa Babu, whose schedule was fixed to go U.S.A. on 19-3-2015 the friend of the complainant by name Subbarayudu booked the above said medicine consignment at O.P.1 by paying Rs. 330/- towards courier charges vide consignment No. V21302823 as per Ex. A1 to his friend G. Srinivasa babu, residing at KPHB Hyderabad. At the time of booking the above said consignment the O.P.1 informed the said pack will be delivered to the addressee by the next day. But it was not delivered and returned on 7-4-2015 as per Ex. A3.
12. Though the contention of O.P.1 the said consignment reached Hyderabad on 20-3-2015 and it could not delivered due to festival holiday and the next day our delivery boy went to the addressee to deliver consignment but the addressee flatly refused to receive the consignment on the ground that there was a delay of one day. Hence, the consignment returned to the complainant.
13. As per the above discussion both parties have not proved their respective contentions as per complaint and counter and also by filing necessary documentary evidence and also the complainant not received the consignment by endorsing on protest. Hence, the complaint is not maintainable and opposite parties are not liable to pay any compensation. Hence, the points 1 & 2 are answered against the complainant.
14. Point No. 3 In the result, the complaint is dismissed without costs.
Typed to my dictation, corrected and pronounced by us in the open Forum, this the 12th October 2015
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant NIL For Opposite parties : NIL
Exhibits marked for Complainant: -
Ex. A1 Original Consignment receipt bearing No. V21302823, dt. 19-3-2015
issued by O.P.1.
Ex. A2 Original Medical bills worth of Rs. 1,681/-.
Ex. A3 Original pack booked by the complainant (without goods).
Exhibits marked on behalf of the Opposite parties : - NIL
MEMBER MEMBER PRESIDENT
Copy to :-
- Sri G. Trivikram Singh, Advocate for complainant.
- Sri M. Sudhakar Babu, Advocate for O.P.1.
3) DTDC Courier and Cargo Ltd., Rep. by its
Branch Manager, Balanagar Branch, Flat No. 71,
Amma Mess Line, Prasanth Nagar, Kukatpalli, Hyderabad.
4) DTDC Courier Cargo Ltd., Rep. by its Regional Manager,
Vijayawada.
5) DTDC Courier and Cargo Ltd., Rep. by its
Chairman and Managing Director, #3, Victoria Road,
Bangalore – 560047, Karnataka
B.V.P.
