ORDER
Complaint under Sec.12 of the CPA 1986 as amended upto date
Ms. Nipur Chandna, Member
Complainant booked two parcels containing dress material on 1.3.2013 through the parliament street branch of the OP vide receipt Nos 116027382 and 116027383. It is alleged by the complainant that out of these two parcels, one parcel was not delivered at the given address i.e. Mrs. Amarjeet Sahni, For “U” Fashioners, 8, Model Town, Pathankot. It is further alleged by the complainant that she wrote a letter dated 15.3.2013 to the OP requesting it to trace out the courier/parcel as it contained dress material worth Rs.2,950/-. It is alleged by the complainant that on the advise of Branch Manager, Parliament Street. She also submitted a written complaint to the OP at its Head Office, Jhandewalan, New Delhi vide letter dated 4.5.2013 alongwith the copy of bill of Rs.2950/- and the copy of courier charges receipt of Rs.150/-.
It is further alleged by the complainant that OP vide letter dated 23.5.2015 accepted its mistake and offered her a compensation for Rs.800/- which she protested and requested for full compensation i.e. 2950 + 150 vide letter dated 14.6.2013 written to the OP . In response to her letter dated 14.6.2013 OP again vide letter dated 9.8.2013 offered an amount of Rs.1300/- as compensation, the complainant on the other hand requested the OP to pay her at least two third of the value of consignment i.e. Rs.2200/- vide letter dated 18.9.2013 but the OP refused the same and reiterated its offer of Rs.1300/- vide its letter dated 1.10.2013. Hence this complaint.
Notice of the complaint was sent to the OP through registered A.D. post on 5.3.2015. Counsel for the OP appeared and collected the copy of complaint on 30.4.2015. Despite several opportunities no reply has been filed by the OP. The OP had chosen not to contest the complaint, and as such was ordered to be proceeded with exparte.
In his evidence, complainant has filed her own affidavit date 20.4.2015.
We have heard argument advanced at bar and have perused the record.
The complainant has placed on record the copy of courier receipt dated 1.3.2013. Coy of the bill dated 23.2.2013 and the copies of letter exchanged between her and the OP on several occasion.
From the un-rebutted testimony of the complainant as well as the documents placed on record. We are convinced that the complainant had booked the parcels with the OP and one of them was misplaced by the OP , which is also evident from the letters issued by the OP to the complainant.
We therefore, hold OP guilty of deficiency in service and direct it as under:-
- To pay to the complainant a sum of Rs.150/- (Rupees One Fifty only)
- Pay to the complainant a sum of Rs.5,000/- (Rupees Five Thousand Only) as compensation for mental pain and agony suffered by her.
- To pay to the complainant a sum of Rs.2500/-(Rupees Twenty Five Hundred Only) as cost of 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.....................
