CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 29th day of August 2014
PRESENT : SMT. SEENA. H, PRESIDENT Date of filing: 21/11/2013
: SMT. SHINY.P.R ,MEMBER
: SMT. SUMA K.P, MEMBER
CC.NO.192/2013
N.Padmanabhan Asari,
S/o.S.Narayanan Asari,
13/381, Mettu Street,
Sekharipuram P.O, Palakkad – 678 010 : Complainant
(Rep. by Authorised agent)
Vs
Authorised Signatory,
DTDC Courier & Cargo Limited,
Branch Office, Apex Residency,
Before Town Railway Station, : Opposite party
V.H.Road, Palakkad 678 001
(By Adv.A.Ajitha)
O R D E R
By Smt. Shiny . P. R. Member.
Brief facts of the case:- The complainant booked a consignment of 685gm on 19-9-2013 at 6 p.m to be delivered at Colaba, Mumbai through the Opposite party. At the time of booking of the consignment complainant informed the opposite party that the consignment contains dress materials and gift for the new born baby of his son. Naming ceremony of that baby is on 21-9-2013. At the time of booking of the consignment the opposite party assured that the consignment will be delivered on very next business day i.e, on 20-9-2013. For this purpose Opposite party collected Rs.285/- including additional tariff of Rs.130/- for DTDC Plus. But the consignment was delivered only on 21-9-2013 at 12 noon. So the naming ceremony of the new born baby was postponed. It caused mental agony to the complainant and his family. By non delivering the article within the promised time amounts to deficiency in service of the opposite party. By the act of the opposite party complainant suffered great mental agony. Hence the complaint. Complainant prays for refund of additional charge of Rs.130/- which the opposite party collected at the time of booking and Rs.10,000/- for compensation for the mental agony suffered by him.
Complaint was admitted and issued notice to opposite party and they entered appearance and filed their version.
The contention in their version is that the consignment was booked on 19-9-2013 at 6 p.m as 1 piece and was weighing about 685gms. The amount of Rs.285/- collected from the complainant was only freight charges for the carriage of the consignment. The contents inside the consignment was not declared to the opposite party at the time of booking and no additional charges were paid to the opposite party. The opposite party not promised the complainant that the consignment will be delivered to the consignee on the next business day. Though all effort are made to deliver the consignment at the destination on the very next day, the consignment could not be delivered on 20-9-2013 for the reason “Door Locked”. Then the consignment was delivered on 21-9-2013 at 10.22 a.m which was received by the consignee without any complaints. Hence there is no deficiency from the part of opposite party. There is no liability to pay any compensation to complainant. Hence complaint is liable to be dismissed.
Both parties filed their chief affidavits. Authorised person was examined as PW1 and Opposite party was examined as DW1. Ext. A1 to A9 marked from the side of complainant. Ext. B1 to B3 marked on the side of opposite party.
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite party?
2. If so what is the relief and cost?
ISSUES 1 & 2
Both parties heard: - We have perused the documents on record. As per Ext. A1 in DTDC Plus the freight charge for the first 500gms being Rs.180/- and the freight charge for the additional 500 grams being Rs.105/-. The freight charges for the consignment of 685 grams is Rs. 285/-. Opposite party submitted that as per Ext.B2 on 20-9-2013 at 5.41 p.m the consignment was taken for delivery to the consignee but consignment could not be delivered for the reason “Door Locked”. It is beyond their control . Then on 21-9-2013 consignment delivered to the consignee at 10.22 a.m. Ext A9 shows that on 20-9-2013 no courier representatives were permitted to go inside the Navy Nagar. From this we can conclude that the opposite party was not go there to deliver the articles to the consignee. Opposite party failed to prove that they are trying to deliver the articles on the next day itself i.e, on 20-9-2013. More over opposite party did not make any phone call to the consignee on 20-9-2013. Phone number of Consignor and consignee are there in the Ext A1. As per condition No.27 of the consignment note it is admitted that the consignment will be delivered on the next business day itself. Consignment note was signed by the both parties accepting the conditions. By giving false promises to the customers the opposite party makes illegal gain. This amounts to deficiency in service and unfair trade practice.
In the view of above discussions, we are of the opinion that there is deficiency in service from the part of opposite party . Hence complaint is allowed partly. Opposite party is directed to pay Rs.5,000/- to complainant as compensation for the mental agony suffered due to deficiency in service and Rs. 1000/-(Rupees Thousand only) as cost of proceedings.
Ordered amount shall be paid within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 29th day of August, 2014
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/-
Smt.Suma K.P Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 -Consignment note dtd.19/09/2013.
Ext.A2 - E-mail message of complaint related delayed delivery dated 27/09/2013.
Ext.A3 Registered letters dtd.13/10/2013
Ext.A4- Acknowledgment card.
Ext.A5- Acknowledgment card.
Ext.A6 -Reply Letter to the complainant dt.17/10/13
Ext.A7- Entry of Courier rep’s /civilians into Navy Nagar dt.04/06/2014
Ext.A8- Entry of Courier rep’s /civilians into Navy Nagar dt.11/06/2014
Ext.A9- Extract of Courier Rep’s visiting register
Exhibits marked on the side of the opposite party
Ext.B1- Authorization Letter dtd.03/05/2014
Ext.B2- Courier receipt
Ext.B3- Consignment tracker of DTDC dtd 12/05/2014
Witness examined on the side of complainant
PW1- Maheshkumar.P
Witness examined on the side of opposite party
DW1- Libu T Babu
Cost allowed
Rs. 1,000/- (Rupees One Thousand only) allowed as cost of the proceeding.
