Per Shri Pradeep G. Kadu, Hon’ble President

1)      The present Complaint has been filed by the Complainant U/s 35 of the Consumer Protection Act, 2019. The briefly stated facts and contentions of the complainant in the case are as follows

2)      Complainant Mr.Ajit Vora booked services of M/s. Air Express  International Courier & Cargo to send four boxes of luggage (cartons)  to his daughter in Canada at Rs.615/- per Kg. for 66 Kg. in total. He paid Rs.42,900/- by net banking to the opposite party.

3)      According, the Complainant, he did not get full service from the Opponent. The Opponent sent only three cartons to the address given by the Complainant. Out of four cartons, only three cartons sent to his daughter and one carton returned back to the Complainant in broken form. Further, the Opponent has lost goods of Rs, 20,599/- from the fourth carton. The Opponent demanded extra charges of Rs.11,800/- from the Complainant to resend the goods.  Finally, the Complainant paid Rs.9,100/- for reshipment of the goods.

4)      According to the Complainant, due to incomplete and inappropriate service, he had to bear financial loss for reshipment of goods and suffered mental agony. The Complainant raised grievance with the Opponent. But, the Opponent did not address his grievance. According to the Complainant, there is deficiency in service and unfair trade practice on the part of the Opponent. Hence, the Complainant has filed this Complaint seeking justice and necessary relief. The Complainant has claimed refund of Rs.9,100/- charged by the Opponent for reshipment of goods, Rs.20,599/- towards cost of lost goods with interest, Rs.1,00,000/- towards compensation for mental agony and loss suffered by the Complainant and Rs.10,000/- as cost of the litigation.

5)      The Opponent remained absent though served. Sufficient opportunity was given to the Opponent to remain present. But, the Opponent failed to appear. Hence, exparte order passed accordingly against the Opponent on 4^th June, 2024.

6)      After going through the evidence brought on record by the Complainant and after hearing the argument of the Complainant, following points arise for our consideration. Our findings thereon are as under.

POINTS

FINDINGS

7) As to Point No.1 & 2 :- The Complainant filed this complaint along with receipt of payment made to opposite party for sending luggage through the courier services of the opposite party. Complainant also attached list of goods packed in the boxes. From the evidence submitted by complainant, it appears that the Complainant booked four cartons to be sent to his daughter at Canada on 25^th January, 2023. According to the Complainant Mr. Santosh, Representative of Opponent came to house of the Complainant and prepared all the list of the products and gave copy of the list to the complainant. A receipt was given by Opponent mentions name of service provider entity as M/s. Air Express International Courier and Cargo, Address mentioned as Shop No. 5, Sambhaji Nagar, Near Old BMC Office, Andheri(East), Mumbai. It mentions that Rs.42,900/- is paid in cash. Destination-USA, Pieces -4 Boxes of Weight 66 Kg, Tracking No. is 2010652. At signature column, name mentioned as Santosh and date is shown as 25^th March, 2023. Thus, it seems that courier service booked the parcel for further journey on 25^th March, 2023. Date mentioned by the Complainant is 25^th January, 2023. It indicates that the Opponent for unknown reasons sent the courier late to the destination requested by the Complainant. According to the Complainant, the Opponent sent only three cartons to the recipient. The Opponent fail to send fourth carton to the consignee. After few days, it was returned to the consignor in a broken form and half empty.  The Complainant was forced to pay additional Rs.9,100/- for reshipment inspite of his payment for fourth carton was already taken which was shown included in the receipt as described earlier. Thus, it is evident from the record that the Opponent has done following lapses while providing service to the complainant.

1. The Opponent failed to deliver the fourth carton to the consignee,
2. The Opponent also failed to send the booked parcels in a reasonable time.
3. The Opponent damaged the fourth carton and lost some goods from the fourth carton.
4. The Opponent did not respond to the grievance of the Complainant in spite of repeated follow up.

Because of this, the Complainant suffered financially and undergone mental agony.  The Complainant forced to paid additional payment of Rs.9,100/- for reshipment of the fourth carton. The Complainant enclosed the list of lost goods. According to the Complainant, the cost of these goods comes to Rs.20,599/-. It amply proves that the Opponent failed to give proper service to the complainant in spite of making payments.

8)      Based on the above findings, we are of the opinion that there is deficiency in service and unfair trade practice on the part of the Opponent. The Complainant is entitled for refund of the cost of reshipment and cost of loss of goods from the fourth carton at reasonable charge. The Complainant also entitled for compensation towards mental agony, hardship and cost of legal expenses. Hence, we pass the following order.

ORDER

1. Consumer Complaint No.CC/79/2023 is partly allowed.
2. The Opponent is directed to refund Rs.9,100/- for reshipment cost and Rs.10,000/- for cost of lost goods along with interest at the rate of 6% per annum from 1^st April, 2023 till its actual realization to the Complainant within thirty days from the date of receipt of copy of this order.
3. If the Opponent failed to pay the abovesaid amount within thirty days from the date receipt of copy of this order, then it shall be carry interest at the rate of 9% per annum from 1^st April, 2023 till its actual realization.
4. The Opponent is further directed to pay compensation of Rs.5,000/- towards mental agony and Rs.2,500/- towards cost of litigation to the Complainant.
5. Copy of this order be sent to both the parties free of costs.