Orissa

Kendujhar

68/2014

Mr. Dillip Kumar Ram - Complainant(s)

Versus

1. M/S. Good Luck Commercial Service, - Opp.Party(s)

Sri S. Mishra & Associates

27 Jul 2016

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KENDUJHAR

CONSUMER COMPLAINT CASE NO.68 OF 2014

    Mr. Dilip Kumar Ram, aged about 58 years,

    S/o- Raghunandan Ram,

    Proprietor, M/s. Mayur Medical Agency,

    Keonjhar, At- New Market, P.O- Keonjhargarh,

    P.S- Town, Dist- Keonjhar…………………………..Complainant

                          Vrs.

1. M/s. Good Luck Commercial Service

    Plot No. N6/446, IRC Village,

    Near Crown Hotel, Bhubaneswar-15

2. M/s. Good Luck Commercial Service

    Keonjhar Branch Office,

    Manoj Manjari Sishu Bhawan,

    Market Complex,

    Near Pandya Petrol Pump,

    Gandhi Chhak, P.O- Keonjhargarh,

    P.S- Town, Dist- Keonjhar- 758001…………………O.P. Parties

 

PRESENT- SRI AKSHAYA KUMAR PUROHIT, PRESIDENT

                   SRI S.C. SAHOO, MEMBER

                   Advocate for Complainant- Sri Sidheswar Mishra & D.P. Mohanty

                   Advocate for OP1- Sri Subhendra Ku. Mohanty & Associates

                   Advocate for OP2- Set ex-parte

___________________________________________________________________________

Date of Hearing -29.06.2016                                           Date of Order - 27.07.2016

Sri S.C. Sahoo, Member: The brief facts of the case is that complainant is the proprietor of M/s. Mayur Medical Agency doing medicine business under the Jurisdiction of this Forum for maintaining his livelihood and depends upon different stockists of medicines outside of the district for which used to avail the courier services of the Op. Parties for day to day sending and receiving medicines/ materials and correspondents and as such on good faith and good will availing the courier service of the Op. Parties by sending medicine packets to different places since long. But on 27.3.2014 the complainant send 3 packets of medicines through the OP2 vide consignment No.674-15708 (one pkt.) and vide consignment No. 674-15707 (two pkts.) of medicine to the addressee M/s. Abbot Health Care Pvt. Ltd. CFA Sri Shyam Distributers, Plot No.246, Pahala, Bhubaneswar on payment of required service charge of Rs.320/- in toto. But the OPs had delivered only 2 packets out of 3 packets vide consignment receipt No.15708 & 15707 to the addressee M/s. Abbot Health Care Pvt. Ltd. who informed the complainant vide his letter dt.03.5.14 about missing of one packet from consignment No.15707 which was consisting of two packets and being informed about non-delivery of one packet, the matter was reported to the OPs and the OPs did not respond to the grievance of the complainant and for which a sum of  Rs.62,574/- towards cost of missing medicine packet and hence this case.             

     After service of notice the OPs, OP1 appeared ON 29.12.2014 and was set ex-parte on 09.7.15 due to non filing of his written version. And OP2 was also set ex-parte on 06.1.16 due to “un claimed” of the notice as reported/remarked by postal department.

     Heard, the learned counsel for the complainant as the OPs were set ex-party.  The learned counsel for the complainant submitted that the complainant had faced mental agony for financial loss due to loss of one pkt. medicine of which cost was Rs.62,574/- only because of negligence act of the OPs whenever turn up to the grievance of the complainant nor contest this case so far in spite of sending advocate notice by the complainant and initiation of this proceeding in this Forum.

    On perusal of materials available in record i.e. the consignment receipt No.15708 & 15707 dt.27.3.14 respectively reveals the complainant had sent 3 packets of medicine through OPs vide the said receipt No.15708 & 15707 and the delivery report of OP2 reveals the OPs have received three packets vide those consignment and it is not disputed that the complainant send three packets through OP2 on payment of Rs.50/- vide receipt/ consignment No.15708 dt.27.3.14 and on payment of Rs.270/- vide receipt/ consignment No.15707 towards consignment charges but the said consignment was delivered two packets out of three packets to the addressee at its destination and the addressee M/s. Abbot Health Care Pvt. Ltd. informed to the complainant vide his letter No.SD/AIL/2014 dt.03.5.14 and to this the complainant informed to the OPs several times and lastly sending advocate notice which was returned unserved to OP1. And in this respect the learned counsel of the complainant relied up on a decision passed by the Hon’ble SCDRC Odisha, Cuttack in F.A. No.341 of 2011 published in 2012 (1) OLR (CSR)-513 wherein the Hon’ble SCDRC Odisha opined that when the goods are not delivered, there is deficiency in service since non delivery of one packet will became a case of loss of consignment only when the consignee informs to the consigner about the loss of one packet. The loss of one packet out of consignment No.15707 by the OPs, the consignee should have disclose the value of consignment note and ought to have taken steps to get consignment insured as confirmed from the receipt/ consignment No.15707 & 15708 received by M/s. Abbot Health Care Pvt. Ltd. on dt.02.4.14 by clandestinely adding another consignment No.28726 which is not send by the complainant. Therefore non-delivery of consignment booked, complainant is entitled to actual loss support and the loss of consignment of one packet out of 15707 by OPs were deficiency of service. Hence,          

O R D E R

     The OPs are to pay a sum of Rs.62,574/- towards cost of loss packet out of consignment receipt No.15707, dt.27.3.2014 within 30 days of receipt of this order and to pay a compensation of Rs.3000/- towards financial loss and mental agony and Rs.1000/- towards litigation cost within aforesaid days of receipt of this order failing which the entire amount will carry an interest @ 8%p.a till realization of the award amount by the complainant.

Accordingly the case is disposed of.

 

 

                                                                                                                                                             I agree                                                                                         

           (Sri S.C. Sahoo)                                                                                                                (Sri A.K. Purohit)                     

                  Member                                                                                                                            President                               

         D.C.D.R.F Keonjhar                                                                                                         D.C.D.R.F Keonjhar

 

                                                                                                        Dictated & Corrected by me

                                                           (Sri S.C. Sahoo)                                                             

 Member, D.C.D.R.F Keonjhar