BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PONDICHERRY

C.C.No.13/2018

Dated this the 1^st day of August, 2018

(Date of Institution:  7.3.2018)

F. Anbu, S/o. Francis

No.10, Kalathumettu Street,

Moolakulam,

Puducherry - 605010                                            ….     Complainant

Vs.

DTDC Courier Service Puducherry,

Ramkumar, No.245, Near Kumaran Gas Agency,

Thiruvalluvar Salai,

Pudupalaiyam,

Puducherry – 605013                                ….     Opposite Party

BEFORE:

          THIRU A.ASOKAN, B.A., B.L.,

          PRESIDENT 

Thiru V.V. STEEPHEN, B.A.,  LL.B.,

           MEMBER

Tmt. D. KAVITHA, B.A.,  LL.B.,

           MEMBER

FOR THE COMPLAINANT            :  Party in person

FOR THE OPPOSITE PARTY          :  Exparte

O R  D  E  R

(By Thiru A.ASOKAN, President)

This is a complaint filed by the complainant under Section 12(a) of the Consumer Protection Act, 1986  praying to direct the opposite party to pay to the complainant a sum of  Rs.350/- as courier fee and 4 pieces of special costume worth of Rs.2,000/- and to pay a sum of Rs.25,000/- towards cost of damages sustained by him for the value of the parcel and for an exemplary damages for his mental worries sustained due to the happenings by the gross negligence of the respondent courier service including the cost of proceedings.

2.       The case of the complainant is as follows:

          On 5.9.2017 the complainant booked one parcel, containing 4 pieces of special costume, worth of Rs.2,000/-,  with the opposite party DTDC Courier service at Puducherry, addressed to be delivered at Mr. Sonyam, Don Bosco Home, Munigada, Rayagada (dist), Odisa-765020.   Usually parcels will be delivered within 10 days of booking.   But the complainant came to know that the parcel was not delivered even after one month after booking.   When he enquired about the same with the opposite party courier service booking section in charge, the complainant came to know that the batch of cargo containing above said parcel is missing on rail transport, with the Indian Railways, for which FIR filed by the courier service was sent to the complainant through email on 4.10.2017.   The complainant approached through email about the matter and demanded damages for above said parcel.   But there was no replay till date.   Hence, the complainant filed this complaint. 

3.       The opposite party remained absent and set exparte.

4.       On the side of the complainant, the complainant himself examined as CW1 and Exs.C1 to C6 were marked through him. 

5.       Points for determination are:

1. Whether the complainant is the consumer?
2. Whether the opposite party attributed deficiency in service and unfair trade practice?
3. To what relief the complainant is entitled for?

6.       Point No.1:

          The complainant booked one parcel containing 4 pieces of special costume on 5.9.2017 worth of  Rs.2,000/-  with the opposite party.  The same is established through Ex.C1 the Courier Bill of opposite party.  Hence, the complainant is the consumer to the opposite party.

7.       Point No.2:

          The complainant was examined as CW1 and marked Exs.C1 to C6.  The Opposite Party was duly served, but called absent and set exparte.  The complainant submitted that he booked one parcel containing 4 pieces of special costume on 5.9.2017 worth of Rs.2,000/- through opposite party, vide Ex.C1.  He further submitted that usually parcels will be delivered by the opposite parties, within 10 days of booking, but the complainant came to know that the parcel sent by him, was not delivered even after one month; on enquiry he came to know that the batch of Cargo containing above said parcel was missing on Rail Transport with the Indian Railways, for which FIR filed by the opposite party was sent to the complainant on 4.10.2017, vide Ex.C2 to Ex.C4;  Though the complainant approached the opposite party through email Ex.C3 about the Article and demanded damages for the above said parcel, till date there was no reply from the opposite party.   Hence the complainant filed this complaint.   

8.       From the above facts and evidence adduced by the complainant, it is clear from Ex.C1 the courier bill that the complainant booked one parcel containing 4 pieces of special costume through the opposite party, addressed to be delivered at Mr. Sonyam, Don Bosco Home, Munigada, Rayagada (dist), Odisa-765020.   On perusal of Ex.C2 the mail communication, this Forum observed that the batch of Cargo containing the parcel was missing on Rail Transport, for which complaint filed by the courier service was sent to the complainant on 4.10.2017, Vide Ex.C4.    According to the complainant, the opposite party usually delivered the parcels within 7 to 10 days, but the parcel booked by him was not delivered even after 10 days and when he enquired about the same through email, the opposite party did not give any proper response.    Though the batch of cargo containing the above said parcel was missing and in this regard the opposite party had lodged a complaint on 23.7.2019, he failed to communicate the same to the complainant.    According to the complainant, he approached the opposite party for demanding damages for the above said parcel through email Ex.C3, but till date there was no reply from the opposite party.   After receiving the summons from this Forum also, the opposite party did not come forward to appear and put forth their contentions.    The complainant has established his claim with material evidence.  From the facts and evidences adduced by the complainant, it is clear that the opposite party indulged in unfair trade practice and deficiency in service of non-delivering the parcel till date and also did not communicate the status of the shipment to the complaint.    Therefore, this Forum came to the conclusion that the opposite party has committed deficiency in service, and unfair trade practice, which caused the complainant the mental agony and the monetary loss and the opposite party is liable for the same.    This point is answered accordingly. 

9.       Point No.3:

          In view of the decision taken in point No.2, this complaint is hereby allowed and the opposite party is hereby directed:

1. to pay the courier fee of Rs.350/- and Rs.2,000/- for the worth of the Article booked to the complainant;
2. The opposite party is hereby directed to pay a sum of Rs.10,000/-            as compensation to the complainant for the deficiency in service and unfair trade practice;  
3. to pay a sum of Rs.5,000/- as cost of the proceedings.

Dated this the 1^st August, 2018.

1. ASOKAN)

PRESIDENT

(V.V. STEEPHEN)

MEMBER

(D. KAVITHA)

MEMBER

COMPLAINANT'S WITNESSES:  

CW.1          16.7.2018             F. Anbu     

OPPOSITE PARTY'S WITNESSES NIL

COMPLAINANTS' EXHIBITS:

OPPOSITE PARTY'S EXHIBITS: NIL

LIST OF MATERIAL OBJECTS: NIL

1. ASOKAN)

PRESIDENT

(V.V. STEEPHEN)

     MEMBER

(D. KAVITHA)

MEMBER