Punjab

Sangrur

CC/1238/2015

Gaurav Arora - Complainant(s)

Versus

Akash Ganga Courier - Opp.Party(s)

Shri Vikram Manchanda

01 Feb 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                            

         

                                                                        Complaint No. 1238

Instituted on:    09.10.2015

                                                                        Decided on:     01.02.2016

 

Gaurav Arora S/o Shri Gurmeet Rai Arora, resident of Green Avenue Street, Near Bus Stand, Malerkotla, Tehsil Malerkotla, District Sangrur.

                                                        …. Complainant.      

       

                                 Versus

 

 

1.     Akash Ganga Courier Service C/o Manpreet Courier Service, Club Road, Malerkotla-148 023 through its authorized/franchised dealer/proprietor.

2.     Akash Ganga Courier Service, B-15, 553/1 B, Gill Road, Millarganj, Opposite Punjab and Sind Bank, Ludhiana 141 003 through its authorized/franchised dealer/proprietor.

3.     Akash Ganga Courier Service, Chandra Bhawan, Ziniret Chowk, Inside Suraj Pole, Udaipur, Rajasthan-313 301 through its Manager/Director.

 

 

             ….Opposite parties.

 

FOR THE COMPLAINANT:    Shri Vikram Manchanda, Advocate                          

 

FOR OPP. PARTIES           :     Exparte.                    

 

Quorum

         

                   Sukhpal Singh Gill, President

                   K.C.Sharma, Member

                   Sarita Garg, Member

     

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Shri Gaurav Arora, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on 14.8.2015, the complainant approached the OP number 1 for courier purpose and got booked a parcel vide receipt number 070507720 dated 14.8.2015 which was to be delivered to the addressee at Barnala.  It is further averred that the complainant on 17.8.2015 approached OP number 1 and apprised it that the parcel in question has not been reached to the addressee at Barnala and on the request of the complainant, the concerned employee of OP number 1 assured that after tracking the said courier, the same will be delivered to the addressee within 24 hours.  It is further averred that the courier in question has not been delivered to the addressee despite repeated visits of the complainant to the OPs and lastly the Ops said that the parcel in question has been lost.  It is further averred that due to the said act and conduct of the Ops, the complainant suffered humiliation, mental pain, agony and harassment and as such has filed the present complaint and has prayed that the Ops be directed to pay him an amount of Rs.20,000/- on account of loss of the above said courier of the complainant and for compensation and litigation expenses. 

 

2.             Record shows that the registered covers sent to the Ops number 1 and 2 have been received back with the remarks ‘refused to accept it’, whereas the OP number 3 did not appear despite service, as such, all the Ops had been presumed to be served, but they did not appear, as such, all the Ops were proceeded exparte on 30.11.2015.

 

3.             The complainant has tendered documents Ex.C-1 affidavit, Ex.C-2 original receipt dated 14.8.2015, Ex.C-3 copy of legal notice, Ex.C-4 to Ex.C-6 original postal receipts and closed evidence.

 

 

4.             We have very carefully perused the pleadings of the complaint, evidence produced on the file and heard the arguments of the learned counsel for the complainant. In our opinion, the complaint merits acceptance, for these reasons.

 

 

 

5.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we feel that the complainant had got booked a parcel on 14.8.2015 by paying the requisite consideration to OP number 1 at Malerkotla, as is evident from the copy of courier receipt, which is on record as Ex.C-2, but the parcel in question never reached the addressee.   Ex.C-3 is the copy of legal notice dated 31.8.2015 and Ex.C-4 to Ex.C-6 are the postal receipts, which show that the Ops did nothing despite receipt of legal notice.  It is worth mentioning here that the Ops choose to remain exparte, as they failed to put appearance before this Forum nor filed any written reply in their defence.  In the circumstances, we feel that the complainant has clearly proved his case by producing the cogent, reliable and trustworthy evidence on record.  As such, we find it to be a clear cut case of deficiency in service on the part of the Ops.

 

 

 

6.             In view of our above discussion, we allow the complaint of the complainant and direct the OPs to pay to the complainant an amount of Rs.5000/- in lieu of consolidated amount of compensation and litigation expenses.

 

 

 

7.             This order of ours shall be complied with within 30 days from the receipt of copy of the order.  A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.  

Pronounced.

 

                February 1,2016.

 

 

                                                        (Sukhpal Singh Gill)

                                                                President

 

 

                                                            (K.C.Sharma)

                                                                Member

 

 

                                                           (Sarita Garg)

                                                                Member