Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 151.
Instituted on : 22.04.2014.
Decided on : 29.04.2016.
Mahavir Singh Rohilla s/o Sh. Sarup Lal Rohilla R/o 639-A/35, Janta Colony, Rothak.
………..Complainant.
Vs.
- Blazeflash Couriers Ltd. through its Agemnt Raju Khandelwal Office at Chhotu Ram Chowk, Rohtak.
- Blazeflash Couriers Ltd., through its Proprietor Blazeflash house, 69/6-A, Rama Road Industrial Area New Delhi-110015. Tele No.011-42974297.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.JOGINDER KUMAR JAKHAR, PRESIDENT.
MS. KOMAL KHANNA, MEMBER.
SH. VED PAL, MEMBER.
Present: Sh. S.S.Kinha Advocate for the complainant.
Opposite parties exparte.
ORDER
SH. JOGINDER KUMAR JAKHAR, PRESIDENT :
1. The present complaint has been filed by the complainant with the averments that on 04.04.2014 complainant had sent 30 marriage cards to his son through opposite party no.1 and the same were to be sent at destination by air. An amount of Rs.360/- was charged by the opposite party no.1. Opposite party no.2 is the corporate office. It is averred that opposite party no.1 assured the complainant that the marriage cards would be sent to its destination on or before 06.04.2014. It is averred that these cards were sent for giving the same by the son of complainant to his friends and also for the purpose of sanction of leave but to non receipt of the cards by the son of complainant, his leave could not be sanctioned. Complainant requested the opposite parties to deliver the cards at the earliest but in vain and lastly on 15.04.2014 they refused to pay any heed to the request of complainant. It is averred that the act of opposite parties is illegal and amounts to deficiency in service. It is prayed that the opposite parties may kindly be directed to pay an amount of Rs.1000/- as cost of cards, Rs.85000/- as compensation on account of causing mental agony and harassment and Rs.11000/- as litigation expenses.
2. On notice opposite parties did not appear despite service and as such opposite party no.1 vide order dated 11.07.2014 and opposite party no.2 vide order dated 10.03.2016 of this Forum were proceeded against exparte.
3. Complainant in his evidence has tendered affidavits Ex.CW1/A, Ex.CW2/A & document Ex.C1 to Ex.C2 and has closed his evidence.
4. We have heard ld. counsel for the complainant and have gone through the material aspects of the case carefully.
5. In the present case it is not disputed that as per receipt Ex.C1, the complainant had booked a consignment dated 04.04.2014 addressed to Nishant Rohilla at Ranchi and had paid a sum of Rs.360/- for the same. Ex.C2 is the copy of Marriage Card of Nishant which was to be solemnized on 04.05.2014. As per complaint and affidavit filed by the complainant, the alleged consignment could not be delivered at its destination and due to non-delivery of the alleged consignment, the leave of his son Nishant could not be sanctioned and the complainant and his son suffered a great mental agony and harassment . On the other hand, opposite parties were proceeded against exparte and has not placed on file any document. As such it is presumed that they have nothing to say in the matter and as such all the allegations put forth by the complainant regarding non delivery of consignment stands admitted by the opposite parties.
6. After going through the file, hearing the parties it is observed that due to non delivery of the consignment, the complainant might have suffered irreparable loss for which the opposite party is liable to compensate the complainant. In this regard reliance has been placed upon the order dated 03.09.2014 of Hon’ble State Commission, Haryana, Panchkula titled as On Dot Courier Vs. Dilbag Singh, whereby it is held that: “Due to non-delivery of the articles, complainant suffered mentally as well as financially and he was forced to file a complaint before the District forum, so the opposite parties can be asked to pay compensation qua mental harassment and litigation expenses.”
7. In view of the aforesaid law which is fully applicable on the facts and circumstances of the case it is observed that it would be suffice to pay a lump-sum compensation of Rs.10000/- to meet out the ends of justice. As such it is directed that opposite parties shall pay Rs.10000/-(Rupees ten thousand only) as compensation on account of cost of consignment, mental agony, harassment as well as litigation expenses to the complainant within one month from the date of decision. Complaint is disposed of accordingly.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
29.04.2016.
................................................
Joginder Kumar Jakhar, President
..........................................
Komal Khanna, Member.
………………………………
Ved Pal, Member.
