BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 620 of 2015
Date of Institution: 9.10.2015
Date of Decision :5.04.2016
Ms. Isha Chandok W/o Sh. Punit Chandok, resident of H.No. 91, Street No. 6, Sunder Nagar, Amritsar
Complainant
Versus
- Airwings Express through its Office Incharge/Prop/Manager, 852-East Mohan Nagar, 100ft Road, Opp.State Bank of Patiala, Amritsar
- Best Track Courier through its Office Incharge/Prop/Partner/Manager, 1774-Deep Complex, Opp. Ramdarbar Hallo Majra, Chandigarh
Opposite Parties
Complaint under section 11 and 12 of the Consumer Protection Act, 1986
Present: For the Complainant : Sh.Yuvraj Singh Sandhu,Advocate
For the Opposite Party No.1 : Ex-parte
For Opposite Party No.2 : Sh. Anil Sharma,Advocate
Quorum:
Sh.S.S.Panesar, President
Ms.Kulwant Kaur Bajwa, Member
Sh. Anoop Sharma, Member
Order dictated by:
Sh.S.S. Panesar, President.
1. Complainant Isha Chandok has filed the instant complaint u/s 12 & 13 of the Consumer Protection Act, 1986 on the allegations that she is resident of Sunder Nagar, Amritsar and she hired the services of opposite party No.1 at Amritsar for transportation and safe delivery of goods to Ms. Sakshi Khosla resident of House No. 540, Sector 16C, Ground Floor, Panchkula on payment of service charges against receipt No. 61118564 dated 4.9.2015. As such the complainant is the consumer under the definition of the Consumer Protection Act. On 4.9.2015 complainant handed over one packet weighing 1.400 Kg containing two super quality leather lady purses for their safe and intact delivery to her relative Ms. Sakshi Khosla at Panchkula. Opposite party No.1 received the consignment against receipt No. 61118564 on receipt of the service charges. Opposite party No.1 assured the complainant that the parcel shall be delivered safely to its destination within 24 hours. Copy of the bill and courier receipt are attached. However, the said parcel did not reach its destination till the date of filing of the present complaint nor the consignment was received back undelivered by the complainant. When the parcel did not reach the destination, the complainant approached opposite party No.1 at Amritsar at their office on 10.9.2015, but they told the complainant that they have delivered the said parcel to opposite party No.2, who is their associate to do courier work at Chandigarh and nearby stations. Thereafter the complainant intimated opposite party No.2 the address of the consignee i.e. Ms. Sakshi Khosla, so as to contact her at Panchkula. But, however, no needful was done. The complainant had purchased the said two leather bags/purses vide bill No. 213 dated 2.9.2015 for an amount of Rs. 10,400/- from Amritsar, copy of the bill is attached. It is requested that the complainant may be granted the following reliefs i.e.:-
- Directions to the opposite party No.1 to deliver back the parcel intact containing two super quality leather lady purses or pay a sum of Rs. 10,400/- as price of the leather purses alongwith interest @ 12% p.a from 4.9.2015 till final payment ;
- Directions to pay Rs. 20,000/- as compensation for the mental tension, harassment and agony suffered by the complainant on account of non delivery of her articles at destination and for deficiency in service ;
- To pay litigation expenses of Rs. 5000/- ;
- Any other relief which this Hon’ble Forum deem fit and just be also awarded to the complainant against the opposite parties.
2. Upon notice opposite party No.2 appeared and filed written reply denying the allegations made in the complaint and a prayer for dismissal of the complaint with cost, was made. Opposite party No.1, despite due service, did not opt to appear or contest the complaint and as such, it was ordered to be proceeded against ex-parte vide order dated 23.12.2015.
3. On 19.2.2016 counsel for the opposite party No.2 suffered a statement that he has no instructions from his client and the Forum may dispose of this complaint on merits and he has no objection.
4. On 9.3.2016 Sh. Anil Sharma, counsel for opposite party No.2 suffered another statement that the complainant has not sought any relief against opposite party No.2 in her complaint, as such this Forum may decide the complaint on merits and he has no objection.
5. In order to prove her case, complainant tendered into evidence her affidavit Ex.C-1 alongwith documents Ex.C-2 to Ex.C-4 and closed the evidence.
6. Opposite party No.2 tendered into evidence affidavit of Sh. Naveen Kumar, Branch Manager Ex.OP2/1 and closed the evidence on behalf of opposite party No.2.
7. We have heard the learned counsel for the parties and have carefully gone through the record placed on file as well as written synopsis/ arguments advanced on behalf of the complainant.
8. It is proved on record that the complainant purchased two leather lady purses vide bill/invoice No. 213 dated 2.9.2015 for a sum of Rs. 10,400/-, copy whereof is Ex.C-2. It is also proved on record that the complainant approached opposite party No.1 for transportation and safe delivery of her goods i.e. two lady purses against receipt No. 61118564 dated 4.9.2015 on payment of Rs. 60/-, as service charges. Copy of receipt accounts for Ex.C-3 on record. It is further in evidence that the parcel did not reach the consignee i.e. Sakshi Khosla. The complainant approached opposite party No.1 personally , but, however, nothing could be achieved. Rather opposite party No.1 told the complainant that they had delivered the consignment for transportation and delivery to opposite party No.2 and the same has reached the consignee, which was proved to be factually wrong. Thereafter, the complainant also approached opposite party No.2 for enquiring about the location of the parcel. But , however, opposite party No.2 did not make any proper reply and the grievance of the complainant remained un-redressed. It was obligatory upon opposite party No.1 to have delivered the parcel containing two super leather lady purses to the consignee at Panchkula. There is no privity of contract between complainant and opposite party No.2. If opposite party No.1 has availed the services of opposite party No.2 as courier for delivery of the parcel in dispute, it was a matter in between opposite party No.1 and opposite party No.2. On that account, perhaps, the complainant has not sought any relief against opposite party No.2 vide instant complaint. However, it is proved that opposite party No.1 has been deficient in service in not supplying the parcel in dispute to the consignee despite getting service charges from the complainant to the tune of Rs. 60/-. Even the consignment was also not received back by the complainant being undelivered. It means & imply that the consignment has been lost in transit due to the wilful default of opposite party No. 1. It is also proved on record that the consignment was of the value of Rs. 10,400/-. The evidence adduced by the complainant has gone unrebutted on record because opposite party No.1 despite due service did not opt to appear and contest the complaint. As such opposite party No.1 impliedly admitted the deficiency in service attributed to it, for which the opposite party No.1 is legally bound to refund the cost of the goods alongwith compensation to the complainant.
9. Consequently the instant complaint succeeds against opposite party No.1. As such we direct opposite party No.1 to pay a sum of Rs. 10,400/- i.e. price of the goods in dispute. The complainant is also entitled to recover compensation to the tune of Rs. 3000/- (Rs. Three thousand only). The complaint is, however, ordered to be dismissed against opposite party No.2. Compliance of this order be made within 30 days from the date of receipt of copy of the order ; failing which, opposite party No.1 shall be liable to pay interest @ 6% p.a on the awarded amount i.e. Rs. 10,400/- from the date of delivery of goods in dispute i.e. 4.9.2015 until full and final recovery. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
Dated : 5.4.2016
/R/ ( S.S.Panesar )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
Member Member
