PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 23/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Harpreet Singh, aged about 34 years,

S/O- Sardar Mahinder Singh,

R/O-KRP Residency, Badabazar,

Po/Ps-Khetrajpur,

Dist-Sambalpur-768003.

Mob-9937778088.                                                         .……….......Complainant

Vrs.

1. Apan Auto Parts,

Represented through its prop. Sudev Chatterjee,

Office At-1^st Floor building No. 27, Kaberi Path,

Kadma District-Jamsedpur-831005(Jharkhand).

2. Kiran Courier, 89 NS Road, Daga Building

Ground Floor, Kolkata-700007(WB)

3. Jagat Courier, Near Government Bus Stand,

Po-Budharaja, PS-Ainthapali,

Counsels:-

1. For the Complainant         :- B.Singh, Adv. & Associates
2. For the O.P. No.1 & 2        :- None
3. For the O.P. No.3                           :-D. Hota & Associates

Date of Filing:24.02.2023,     Date of Hearing :16.10.2023      Date of Judgement : 28.11.2023

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that on 09.01.2023, the Complainant placed order for some items supplied through on line, motor parts and paid Rs.15,000/- through UPI transaction dtd. 07.02.2023 and Rs. 4,200/- on dtd. 10.02.2023 through UPI transaction to the bank of the OP No. 1 towards total consideration amount of items ordered. The OP No. 1 booked the items through OP No. 2 and the OP No. 2 sent the same to the OP No. 3 to deliver and the Complainant received the consignment on dt. 14.02.2023 supplied by the OP No. 3. The Complainant surprised to see the packages of the items that which he placed the order are not supplied but others items intentionally supplied to him. All the items were found badly damaged. Immediately on 14.02.2023, the Complainant reported the matter to the OP No. 1 through email to replace the same. On reply, the OP No. 1 denied to replace or to refund the said amount Rs. 19,200/-. Since the date of received of the consignment, the same are unused laying with the Complainant. The OP intentionally harassed the Complainant and it is also shown deficiency of services from their side.
2. The OP No. 1 & 2 have not submitted their Version.

The Written Version of the OP No. 3 is that the Complainant placed the order are not supplied but others items supplied to him. All the items were found badly damaged. Immediately on 14.02.2023, the Complainant reported the matter to the OP No. 1 through email to replace the same. The OP No. 3 has received the consignment sent by OP No. 2 and it was delivered to the Complainant on 14.02.2023. The Complainant has no direct connection with the OP No. 3. Neither the Complainant has paid any amount to the OP No. 3 nor he has ordered to the OP No. 3 for anything. The OP No. 3 has only delivered the packed items to the Complainant. The OP No. 3 has no knowledge regarding the items booked by the Complainant nor he is concerned with the same. The OP No. 3 is only a courier service and has just delivered the packed items send by the OP No. 2 to the Complainant. There is no cause of action to file any complaint against the OP No. 3 and as such this case is not maintainable against the OP No. 3.

3. After perusing the case records and evidences, it is observed that the Complainant placed order for some items supplied through on line motor parts to the OP No. 1. The Complainant placed the order were not supplied but others items supplied to him. All the items were found badly damaged. Immediately on 14.02.2023, the Complainant reported the matter to the OP No. 1 through email to replace the same but the OP No. 1 & 2 did not respond. The OP No. 3 is only a courier service and has just delivered the packed items send by the OP No. 2 to the Complainant. So, there is no deficiency found against the OP No. 3 but deficiency in service found against the OP No. 1 & 2. Accordingly it is ordered.

                                      ORDER

The O.P No. 1 is directed to refund an amount of Rs. 19,200/- toward cost of the items which was paid by the Complainant while ordered the items with 9% interest from the date of ordered till realisation and return back the damage items, Rs. 30,000/- towards damage suffered by the Complainant and towards physical strain and mental agony suffered by the Complainant as compensation and Rs. 10,000/- towards cost of litigation expenses to the Complainant within 30 days from the date of order, failing which the amount will carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 28^th day of Nov, 2023.

Free copies of this order to the parties are supplied.