PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-171/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Pitabsa Behera,

S/O-Chaturbhuja Behera,

R/O-Kainsir Road, Gayatri Colony, PS-Ainthapali,

PO-Sankarma, Dist-Sambalpur-768006, Odisha.

Mob-9937118102, 7978775769.                                   ….…......Complainant.

                                    -Vrs.-  

1. Mr. Abhinash Panigrahi, Bluedart Express Courier,

In-charge Sambalpur Branch, Office at- Bareipali,

            PO/Ps-Baraipali, Tahasil/Dist-Sambalpur-768006.

             Odisha, Mob-9040825050.

2. Kaibaliya Parida, State Head Operation, Bluedart Express Ltd.

Office at Plot No.64 and 88 near IOCL, Housing Society, Jaypur, PO-Balianta, Bhubaneswar, Dist-Khorda-752101, Odisha

Mob-9748762231.

3. Blue Dart Centre, Sahar Airport Road, Andheri East,

Mumbai-400099 (Near Hyatt Regency & ITC Maratha Hotel & Chhatrapatu Shivaji International Airport).                    .…………........Opp.Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.s                       :- Sri. B.Meher, Adv.

Date of Filing:10.10.2023,  Date of Hearing :08.01.2024  Date of Judgement : 12.02.2024

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant has purchased a Laptop Lenovo and printer HP Smart Tank AIO 585 for Rs. 67,500/- from Mahamaya Computers Sambalpur. After the above purchase, company of HP Smart Tank allotted a gift item to the Complainant i.e Fire bolt Rocket Smart Watch which was sent on 27.07.2023 through Bluedart Express courier services. The said consignment is not received by the Complainant, and after waiting long on dtd. 15^th September, 2023, the Complainant had been to the office of the Bluedart at Sambalpur to enquire about the consignment. As per their official records, it is observed that the gift item was received by the OP No. 1 and the same has already been delivered to someone on dtd. 1.8.2023 by endorsing the name of the Complainant as recipient of item, which is totally fraud, manipulated and illegal. In reply, the OP told that due to the fault of delivery boy, the gift item was not delivered to the Complainant, and at this juncture, he offered a sum of Rs. 3000/- to the Complainant in lieu of gift item. The Complainant being a bonafide customer and law abiding citizen refused the proposal of the OP No. 1 and the Complainant asked his gift item for which he entitled. The OP No. 1 became angry and used some offending languages and misbehaved the Complainant and tried to show his muscle power as he is all and all of the bluedart Courier. The Complainant expressed all about the above to the OP NO. 2 and the OP No. 2 immediately made the call on conference with the OP No. 1, in reply he was ready to give the gift items. When the Complainant went to office of the OP No. 1, he made several pretext to make delay till date. The Complainant run from pillar to post, so many times but still he has not got his entitled gift item. Hence this case.
2. The Written Version of the OPs is that due to mischief of one of its staff Bijay Kumar Dash, the gift item is not delivered to the Complainant and finally he has absconded from company. One Kutumbh HRCare a recruitment agency made recruitment and provided Human Resources to Bluedart Express Ltd, accordingly Bijay Kumar Das has been issued with a letter for unauthorized absence from work duly signed by authorized signatory for Kutumbh HRCare Pvt. Ltd dtd. 24.8.2023. The OP No. 1 requested many a times to settle the issue but the Complainant did not pay any heed to the request of the OP No. 1 and knocked the door of Consumer Forum. The Blue Dart Express Courier is a reputed company having its identity all over India but due to the fault of one delivery man, such occurrence took place which is beyond the control of the company. So the Complainant is not entitled for any reliefs prayed for.  
3. From the version, submission and documents, it is found that due to mischief of one of the staff of the OPs, the gift item is not delivered to the Complainant. However, the O.Ps did not take necessary step to solve the issue of the Complainant in time. Hence the O.Ps are deficient in service. For the act of servant master is liable.

Accordingly, it is ordered:

                             ORDER

The OPs are directed to provide the gift item supplied by the HP Printer company, Rs. 50,000/- as compensation towards mental agony and harassment and Rs. 10,000/- 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 12^th day of Feb, 2024.

Free copies of this order to the parties are supplied.