Haryana

StateCommission

A/397/2016

TRACK ON COURIER - Complainant(s)

Versus

A.S.ENTERPRISES - Opp.Party(s)

SANJEEV SHARMA

06 Oct 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      397 of 2016

Date of Institution:      06.05.2016

Date of Decision :       06.10.2016

 

M/s Trackon Courier Private Limited, C-143, Community Centre, Naraina Industrial Area, Phase-I, Naraina, Delhi-110023 through its Assistant General Manager.

                                      Appellant-Opposite Party No.1

Versus

 

1.      M/s A.S. Enterprises, 5496/3, Ist Floor, near Old Anaj Mandi, Ambala City through Proprietor Manish Jolly.

                                      Respondent-Complainant

2.      Balwinder Singh Gill, Manager, M/s Trackon Couriers Private Limited Opposite Octroi Kanta, Purani Chungi, Jagadhri Gate, Ambala City.

Respondent-Opposite Party No.2

 

CORAM:             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                      

 

Present:               Shri Hoshiyar Singh, Advocate appearing on behalf of Sh. Sanjeev Sharma, Advocate for appellant.

                             Shri Mahesh Batra, Advocate for respondent No.1.

                             Respondent No.2-performa.  

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

          Trackon Courier Private Limited-Opposite Party No.1, is in appeal against the order dated April 6^th, 2016 passed by District Consumer Disputes Redressal Forum, Ambala (for short ‘the District Forum’), whereby complaint filed by A.S. Enterprises-complainant/respondent No.1, was allowed. For facilitation, the operative part of the order is reproduced as under:-

“..Accordingly, the complaint is allowed and Ops are directed to comply with the following directions jointly and severally within a period of 30 days from the date of communication of this order:-    

(i)      To pay a sum of Rs.39270/- as mentioned in invoice dated 07.05.2015 showing transportation through Trackon Courier vide GR/RR No.443619801 (Annexure C-1 & C-2) alongwith simple interest @ 9% per annum from the date of Booking of parcel i.e. 19.05.2015 to till realization.

(ii)      To pay a sum of Rs.5000/- as compensation for harassment & mental agony etc.

(iii)     Also to pay a sum of Rs.5000/- for litigation charges including Advocate’s fee.

Further the award in question/directions issued above must be complied with by the Ops within the stipulated period failing which all the awarded amounts shall attract further interest @ 12% per annum for the period of default. So the complaint is allowed in the above terms.”

2.                The complainant-respondent No.1, sent 10 Automatic Voltage Regulator Cards (AVR Cards) worth Rs.39,270/- to Ascent Telecom Infrastructure Private Limited, Syed Villa, Second Floor, House No.35, Punjabari Road, Opposite Metropolitan Girls High School, Six Mile, Khanapara, Guwahati, Assam, through Balwinder Singh Gill, Manager, Trackon Courier Private Limited-Opposite Party No.1, vide invoice No.43 dated 7^th May, 2015. The consignment was not received at the destination. On being approached, the opposite parties did not give any satisfactory reply. Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed before the District Forum.

3.                The opposite parties in their written version stated that the consignment was booked in the ordinary way and there was no declaration on behalf of the complainant that the parcel contained any valuable articles. The consignment was lost due to unfortunate circumstances while in transit from Delhi to Guwahati and despite massive search, the same could not be traced out. The complainant was offered four times courier charges as per terms and conditions of the booking agreement but the complainant did not agree. It was prayed that the complaint be dismissed.

4.                After hearing the learned counsel for the parties and going through the case file, the District Forum allowed complaint and directed the opposite parties as detailed in the opening para of this order.

5.                Counsel for the parties have been heard. File perused.

6.                To prove that the parcel contained AVR Cards worth Rs.39,270/-, the complainant has placed on the file invoice dated 7^th May, 2015 (Annexure C-2), besides the receipt (Annexure C-1) issued by the opposite party-appellant and e-mails (Annexure C-3 to C-5).  From the evidence led on the record it is crystal clear that the article sent by the complainant through courier did not reach at the destination and lost in transit. In view of this, it is held that the complainant is entitled to compensation from the opposite parties. Thus, no case for interference is made out.

7.                Hence, the appeal is dismissed being devoid of merits.

8.                The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced: 06.10.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

CL