DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUBARNAPUR
C.C. No.9 of 2019
Sri Madhaba Mahala, aged about 30 years, S/o. Satyanarayan Mahala, Occupation – Service, R/o. Bhaliapadar, P.O./P.S. Manamunda, District – Boudh, at present C/o. Bidyadhar Bishi, Malipada, Sonepur town, P.O./P.S. Tarbha, District – Subarnapur
………….. Complainant
Vrs.
1. The Manager DTDC Express Ltd., Regd. Office/Corporate Office DTDC House No.3, Victorial Road, Bangaluru, Karnataka, Pin 560047.
2. Sri Jayanarayan Mendili Branch in Charge DTDC Courier Express Ltd. In front of SBI, Sonepur At/P.O./P.S. Sonepur, District – Subarnapur, Pin 767017.
………….. Opp. Parties
Advocate for the Complainant …………. Sri H.K. Sa
Advocate for the O.Ps. …………. Sri N.K. Tripathy
Present
1. Sri U.N.Purohit, President
2. Sri H.Padhan Member
Date of Filing Dt.28.05.2019
Date of Hearing Dt.19.10.2022
Date of Order Dt.10.11.2022
J U D G E M E N T
By Sri U.N.Purohit, P.
The complainant filed this complaint U/s.12 of Consumer Protection Act 1986 claiming compensation of Rs.50,000/- and refund cost price of the i-Phone Rs.66,999/- and litigation expenses of Rs.10,000/-.
The case of the complainant is that he is consignor of a parcel containing i-Phone Red Model weight 540 Gms. Showing the value of goods Rs.43,000/- to the consignee namely Sulaian Feru of New Delhi – D-345, Krishna Park, Devil Road, New Delhi – 110062 through the courier service DTDC Express Ltd. Booking Branch DTDC Express Ltd., Sonepur situated in front of SBI, Sonepur. The said parcel booked on 23.11.2018 and obtained money receipt Annexed with this complaint. The consignment No.V40254219 paying with risk coverage charges Rs.3000/-. The Pouch No.8295365 from the booking Branch Sonepur. The consignee unable to accepted the parcel as he changed his address. So the complainant immediately
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cancelled his consignment for stop delivery to the consignee and the parcel be return to him, but the said parcel has not returned or delivered to the complainant inspite of several complaint to DTDC Courier Service.
The complainant issued pleader notice to the O.Ps. through Regd. Post on 21.12.2018 to returned back the parcel with i-Phone Red Mobile worth of Rs.43,000/- within two weeks. But the O.Ps. did not replied to the same. The complainant lodged complaint with the customer care of DTDC Express Ltd. Regd. Office 3, the Victoria Road, Bengaluru. The Customer Care Regd. Case No.14016749 and another case 1391586, these cases closed on the ground that the parcel is not traceable, the tracking copy is annexed with the complaint.
The O.Ps. negligence in deficiency of service as the parcel is missing at their hand. The O.Ps. neither return the i-Phone Parcel nor paid the price worth of parcel Rs.43,000/- which was insured by paying risk charges of Rs.3000/- at the time of booking as such the complainant claim cost of the mobile phone and compensation as above for deficiency of service.
The case of O.P. No.1 is that he flatly denied the entire allegation in the complaint petition specifically challenged the value of i-Phone that if the i-Phone 8(64 GB) is Rs.60,999/- how the complainant stated the cost of the said mobile i-Phone Rs.43,000/- and if the complaint is true then the O.P. No.1 only liable for Rs.43,000/- as per shipper copy.
The O.P. No.2 admit the complaint petition and stated that few days after dispatched of the parcel the complainant approached the O.P. No.2 to stop delivery of consignment, O.P. No.2 immediately taken valid and authorised steps for the same, he has no knowledge about pleader notice and he has send the parcel in question to the destination through the next sorting branch without any delay. There is no any negligence or deficiency of service on his part, as no knowledge about missing of the said parcel.
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In such back ground it is proved that the complainant is a consumer paid for consideration for the courier service provided by the O.Ps. The O.P. No.1 is the Regd. Courier service company namely DTDC Express Ltd. Regd. Office at Office 3, the Victoria Road, Bengaluru and the O.P. No.2 is the agent of O.P. No.1, Branch In-charge at Sonepur. It is admitted by the both the O.Ps. that the complainant has booked the parcel on dt.23.11.2018 vide shipper slip issued by the O.Ps. to the complainant where it mentioned that the parcel has been consigned to the consignee Sulaian Feru of New Delhi – D-345, Krishna Park, Devil Road, New Delhi – 110062 valued Rs.43,000/- and paid Rs.3,000/- as risk charges and including GST etc. However, the complainant has filed cash memo while purchasing the i-Phone from one Strides Commerce Pvt. Ltd. By Jyotirmaya Panda, The Computer Shop 1st Floor Madan Market Complex, Sonepur. The complainant has purchased the same from Strides Commerce Pvt. Ltd., through The Computer Shop, Sonepur. The price of the i-Phone Apple Rs.54,463.39 + 12% GST Tax amount Rs.6535.61 in total Rs.60,999/-.
Though the complainant filed the cash memo showing Rs.60,999/- the complainant while booked the parcel showing the value of goods Rs.43,000/-. The complainant claiming Rs.60,999/- is not tenable in the eye of law, as he suppressed the value at the time of booking the parcel and disclose the O.P. No.2. The O.Ps. is only liable for Rs.43,000/- as admitted by the complainant. The O.Ps. being the service provider should provide proper and adequate service with due diligence and the parcel has been missing due to negligence of the O.Ps. and with the hand of the agents engaged by the O.P. No.1. It is the responsibility of the O.P. No.1 to ascertained the movement of the parcel one place to another, keep proper track record informed to the consumer as and when required. As he fails to maintaining the record keep proper information and the article in question missing in his hand he is liable for compensation as well as refund of the value of goods.
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O R D E R
Hence we are directed the O.P. No.1 is to pay Rs.43,000/- the cost of i-Phone, Rs.15,000/- towards compensation for mental agony, harassment etc. and Rs.7000/- towards cost of litigation within Two months to the complainant from the date of order, failing which the O.P. No.1 will be liable to pay 10% interest till the date of payment. Complaint is allowed.
Applications pending, if any, stand disposed of in terms of the aforesaid judgment.
A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the commission for perusal of the parties.
File be consigned to record room alongwith a copy of this judgment.
Dated the 10th day of November 2022
Typed to my dictation
I agree. and corrected by me.
Sri H.Padhan U.N.Purohit
Member President
Dt.10.11.2022 Dt.10.11.2022
