Punjab

Rupnagar

CC/15/94

Sudesh Kumari - Complainant(s)

Versus

Anuj Communications - Opp.Party(s)

Sh. Dipanjot Singh, Adv.

11 Mar 2016

ORDER

ORDER

                                      MRS. NEENA SANDHU, PRESIDENT

                   Smt. Sudesh Kumari has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as the O.P.) praying for issuance of the following directions to it:-

i)       To return the undelivered packets of Rakhis or to pay cost of the same i.e. Rs.500/-,

 

ii)      To pay Rs.10,000/- as compensation for the harassment caused to her,

 

iii)     To pay Rs.5000/- as litigation expenses.

2.                In brief, the case of the complainant is that she booked two packets, containing Rakhis worth Rs.500/-, with the O.P. vide docket No. 461587942 & 461584944 for their delivery to Sh. Om Parkash Malhotra & Adarsh Kumar Malhotra, residents of House No. 231, Ward No. 14, near Tagore Niketan School, Kharar, Distt. Mohali. The O.P. had assured her that the said packets would be delivered safely on the next day i.e. 26.08.2015. When the said packets did not reach the destination, she approached the O.P. on 28.08.2015, but its officials/staff members did not bother and did not take the complaint seriously and asked her to wait for some time. On the day of Rakhi festival, she again visited the O.P. on 29.08.2015 and requested the O.P. to look into the matter seriously and arrange to deliver the packets in question at the earliest, because the purpose, for which the same were sent, would be defeated, if the same did not reach destination, but its officials instead of doing the needful, misbehaved with her. Even after the Rakhi festival, when the said packets did not reach at destination, she approached the O.P. to get the said packets back, but it did not pay any heed to her request. The O.P. has played with her emotions by not sending the said packets to her brothers, as they could not tie the Rakhi as per Indian Traditions. The above said act & conduct of the O.P. amounts to deficiency in service, due to which she has suffered mental agony, physical harassment & huge loss, therefore, it is liable to be burdened with heavy costs. She had also served a legal notice dated 9.9.2015 to the O.P. calling upon it to pay her compensation, but even after receipt of the same, the O.P. has neither given any reply to the same nor paid any compensation amount to her. Hence, this complaint.

3.                Inspite of issuance of notice, none having appeared on behalf of the O.P., it was proceeded against ex-parte vide order dated 03.02.2016.

 

4.                On being called upon to do so, the learned counsel for the complainant tendered affidavit of the complainant, photocopies of the receipts, Ex.C1 to Ex.C3 respectively and closed the evidence. 

 

5.                We have heard the learned counsel for the complainant and gone through the record of the file carefully.

 

6.                The learned counsel for the complainant submitted that the O.P. had not delivered the packets containing Rakhis, worth Rs.500/-, which were booked by the complainant on 25.08.2015 for their delivery to her brothers for tying of the same on the sacred day of Rakhi festival, which was falling on 29.08.2015, even after repeated visits/requests made by her, due to which she has suffered great mental torture, physical harassment & financial loss. Had the O.P. informed/returned the packets of the said Rakhis to the complainant on her visit to its office on 28.8.2015 or 29.8.2015, then she might have gone to tie the Rakhis to her brothers, herself, but due to callous behavior of the O.P., her feelings were hurt, as their brothers could not tie the Rakhis on the day of Rakhi festival. Even the O.P. has not bothered to return the packets in question inspite of receipt of legal notice dated 9.9.2015 issued by the complainant. Therefore, the O.P. be directed to compensate the complainant as prayed for in the complaint.

 

7.                From the perusal of courier receipts, Ex. C2 & C3, it is evident that on 25.8.2015, the complainant had booked two different consignments, one for its delivery to Sh. Om Parkash Malhotra and the other for delivery to Sh. Adarsh Kumar Malhotra, for which the O.P. had charged a sum of Rs.20/- for each of the said consignments. As per the version of the complainant, the packets containing Rakhis, which she had booked with the O.P. on 25.8.2015 for delivery of the same to her brothers, were not delivered to them, inspite of her repeated requests & visits. Even the said packets have not been returned to her till date. None has come forward to rebut the aforesaid version put forth by the complainant in the complaint, duly supported by her affidavit, Ex.C1, therefore, we have to accept the version of the complainant. Since the O.P. has not delivered the consignments booked by her to the addressees concerned, therefore the O.P. committed deficiency in rendering services. Moreover, the said consignments have not been returned to the complainant inspite of her requests. Due the said act of the O.P., the complainant must have suffered mental agony, physical harassment and financial loss and has to file the instant complaint, therefore, the O.P. is liable to compensate her, adequately. Nodoubt, in the complaint the complainant has averred that the cost of the Rakhis was worth Rs.500/-, but no bill/invoice has been placed on record, to prove the said fact, therefore, it cannot be held that actually the cost of the said Rakhis was Rs.500/-. However, taking into consideration the facts & circumstances of the case, we are of the considered opinion that ends of justice would be met, if the complainant is awarded a lump sum amount of Rs.7000/- towards cost of the Rakhis & consignment charges, charged by the O.P. at the time of booking of the same, compensation for mental agony & physical harassment and financial loss suffered by her and also the litigations expenses of this complaint.

 

 8.               In view of the aforesaid discussion, we allow the complaint and direct the O.P. to pay a lump sum amount of Rs. 7000/- to the complainant, within  a period of 30 days from the date of receipt of the certified copy of this order. 

 

9.                The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to the Record Room.

 

ANNOUNCED                                           (NEENA SANDHU)

Dated: 11.03.2016                                                PRESIDENT

 

 

                                                (SHAVINDER KAUR)

                                                                     MEMBER.