DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)

MAHARANA PARTAP BUS TERMINAL: 5^th  FLOOR.

KASHMERE GATE DELHI.

No. DF / Central/ 2015

Dr. Vinod Bandhu Roy

R/o Flat no 14 E

Sushila Road Adarsh Nagar

 New Delhi-110033                                                                        ..........Complainant

Versus

Blaze Flash Courier Ltd

Blazeflash House , 3^rd Floor,

2/E, Jhandewalan Extension

New Delhi-110005                  ..........Respondent/OP

BEFORE

SH. RAKESH KAPOOR, PRESIDENT

NUPUR CHANDNA, MEMBER

V. K. DABAS, MEMBER

ORDER

Per Ms NUPUR CHANDNA, MEMBER

    The complainant had  sent a courier letter through the OP on 12.11.2013 from Adarsh Nagar, Delhi to Sh. K. P. Sharma, K 14 Sector 11  Noida UP bearing P.O. D. No. 218824745. The consignee received  the courier letter

Page 1. Order CC 26/2014

 on 19/11/2013 after a delay  of 7 days.  It is alleged  by the complainant that he had sent a cheque of Rs 50,000/- through the courier to make the payment before 16.11.2013 but due to the delay in delivery the complainant was unable to keep his promise of payment  in time and suffered financial loss.  The complainant further alleged that he had to bear the  late penalty  of Rs 3,000/- due to Ops negligence Hence this complaint.

    The complaint has been  contested  by the OP. OP has filed a written statement wherein it has claimed that the complainant has leveled false and baseless allegations without any iota of  of truth with the sole purpose to extract money from him.   It is alleged/ stated by the OP that the delay   in delivery of the consignment was due to incomplete address of the consignee which was beyond the control of the OP and hence there is no deficiency on their part.

    The complainant has filed his evidence by way of affidavit. He has relied upon the documents Annexure C/1 to C/4 which include receipts of the consignment. Letter dated 7/12/2013, MTNL  Bill of the consignee and copy of legal notice sent to the courier company.

    Sh. Amit Gupta , Director of the courier has filed his affidavit. 

Page 2. Order CC 26/2014

    We have heard learned counsel for both the parties and have examined the record.

    The complainant has placed on the file the receipt of the consignment Annexure C/1.  The same has not been denied by the courier company. The complainant has also placed on record the letter of the courier company i.e. Annexure C/2 in which the courier company admits that there was a delay in delivery of the consignment, but also states that it is due to the incomplete address of the  consignee.  The complainant has placed on record Annexure C-3 i.e. MTNL Bill of the consignee Sh. K. P. Sharma, which clearly shows that the address of the consignee on consignment receipt is not incomplete. We find merits in the contention of the complainant that the consignment was delivered date by 7 days to the consignee.

    The courier company has drawn our attention towards the note as mentioned on the face of the consignment receipt. The liability for non-delivery are damages of the consignment has been restricted to Rs 100/-. Since the complainant has relied upon the consignment has relied upon the consignment receipt, therefore, he is also bound by the terms and condition was mentioned on the same.  Besides, the liability was mentioned on the receipt; it shall, however, be kept in mind that the

Page 3. Order CC 26/2014

 complainant suffered harassment, pain and mental agony due to the delay in delivery on the part of the OP.  Consequently,  the complainant is also entitled for the compensation for harassment, pain and mental agony. We hold OP guilty of deficiency in service. Under these circumstance , we allow the complaint and direct  the OP :

1. To pay a sum of Rs. 100/- for the late delivery of the consignment.
2. To pay to the  complainant a sum of Rs. 5,000/- as compensation for causing harassment, pain and mental agony.
3. To pay to the complainant a sum of Rs. 2500/- towards litigation.

The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  IF the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

    Copy of the order be made available to the parties as per rule. 

    File be consigned to record room.

    Announced in open sitting of the Forum on.....................

(NUPUR CHANDNA)    (DR.V.K.DABAS)    (RAKESH KAPOOR)

     MEMBER             MEMBER                PRESIDENT

Page 4. Order CC 26/2014