Haryana

Yamunanagar

CC/1170/2011

Sanjeev Kumar S/o Roashan Lal - Complainant(s)

Versus

C.M.D M/s Blaze Flash Couriers Ltd. - Opp.Party(s)

Rajan Bhatia

10 Jun 2016

ORDER

 

BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM YAMUNA NAGAR JAGADHRI

 

                                                                                    Complaint No. 1170 of 2011.

                                                                                    Date of Institution: 21.11.2011

                                                                                    Date of Decision:10.06.2016

Sanjeev Kumar aged about 46 years son of Sh. Roashan Lal, R/o 143, Rampura Colony, Yamuna Nagar District Yamuna Nagar.                                                                                                                                                                                                                                                                                                                                                                                    ...Complainant

Versus

 

1. C.M.D., M/s Blazeflash Couriers Limited, Corporate Office, Blazeflash House, IInd floor, 2E/8, Jhandewala Extn. New Delhi.
2. M/s Blazeflash Couriers Limited, Railway Bazar, Jagadhri.                                                                                                                                                                                                                                                                             ..                                                                                                                                                             ...Respondents.

Before: SH. ASHOK KUMAR GARG …………….    PRESIDENT

            SH. S.C. SHARMA  …………………………MEMBER  

 

Present: Sh. Rajan Bhatia, Advocate, counsel for complainant.

              Sh. Atul Pandey, Advocate, counsel for respondents.

 

ORDER   

1.                     The complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986. 

2.                     Brief facts of the present complaint, as alleged by the complainant, are that the complainant sent the papers of the car from Jagadhri to Automate 214, Deep Plaza, Jail road, Near New Court, Gurgaon through the courier of OP No.2 having its head office at Delhi (OP No.1), on 29.08.2011 vide receipt No. 318816672 and paid the charges to the OP No.2 as per receipt issued by Op No.2 (Annexure C-1). At the time of booking the said courier, the official of Op No.2 assured the complainant that the papers will be delivered to its destination within 1-2 days. The said courier  contains the original registration certificate, transfer papers signed by its previous owner and no objection certificate issued by the concerned authority. When the courier was not delivered by the Ops to its destination then the complainant approached the Op No.2 and enquired about the delivery of said courier. The official of the Op No.2 was given a complaint No. 365 to the complainant. The said courier was not given back or sent to the destination. The complainant issued a legal notice dated 16.9.2011 (Annexure C-3) to the Ops but the same was not replied and postal receipt is Annexure C-2. So, there is a deficiency in service on the part of Ops as the Ops have not given the good services to the complainant despite charging. Lastly, prayed for directing the Ops to locate the courier or alternative to pay Rs. 7000/- on account of loss of courier and also to pay compensation as well as litigation expenses. Hence, this complaint. In support of his complaint complainant has tendered his short affidavit as Annexure CW/A and receipt of courier dated 29.8.2011 as Annexure C-1, Postal receipt as Annexure C-2 and Legal Notice dated 16.09.2011 as Annexure C-3.

3.                     Upon notice Ops appeared and filed its written statement jointly by taking some preliminary objections such as complaint is not maintainable as the services of the Ops are prima facie engaged for commercial purposes; no cause of action; complainant has not come to this forum with clean hands and has suppressed the material facts; the Ops has fulfilled its contractual obligation as the booked packet has been delivered by the Ops to the addressee on 13.10.2011. Hence, there is no deficiency in service or unfair trade practice on the part of the Ops; the complaint of the complainant is outside the meaning, ambit, scope and purview of the Consumer Protection Act; as per terms and conditions of the booking the liability of Blazeflash Courier i.e. Ops for any loss or any damage to the consignment in transit or for any delay in delivery of the consignment shall be strictly restricted/ limited to Rs. 100/- for each domestic consignment and Rs. 1000/- for each international consignment. On merit, reiterated the stand taken in the preliminary objections and lastly, prayed for dismissal of complaint.

4.                     Ops failed to adduce any evidence despite last opportunity, hence the evidence of the Ops was closed by court order dated 15.05.2016.

5.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.  

6                      It is not disputed that complainant sent a courier containing original RC, Transfer Papers by its previous owner and No Objection Certificate issued by concerned authority on 29.08.2011 vide receipt No. 318816672 from the office of OpNo.2 i.e. M/s Blazeflash Courier Ltd. Railway Bazar, Jagadhri. The only version of the complainant is that the said courier was not delivered by the OPs despite charging, hence there is a deficiency in service on the part of the OPs and due to that complainant has suffered mental agony as well as financial loss.

7.                     On the other hand, counsel for the Ops argued at length that the complaint of the complainant is not maintainable as the services of the OPs has been hired for commercial purpose even the OPs has fulfilled its contractual obligations as the booked courier has been delivered by the OPs to the addressee on 13.10.2011 and lastly prayed for dismissal of complaint and draw our attention towards the authorities referred n the written statement.

8.                     After hearing both the parties and going through the contents of complaint as well as documents, we are of the considered view that there is a deficiency in service on the part of the OPs as the OPs has himself admitted in their written statement in para No.2and 3 that the courier in question booked on 29.08.2011 vide receipt No. 318816672 and the same was delivered on 13.10.2011 i.e. after a period of about 1 ½ month. Generally it is presumed that every courier should be delivered within a period of 2-3 days maximum in one week but in the present case it is clearly evident that there was in-ordinary delay on the part of the OPs in delivering the said courier, due to which the complainant might have suffered mental agony as well as harassment. Hence, we have no option except to partly allow the complaint of complainant.

9.                     Resultantly, we partly allow the complaint of complainant and direct the Ops to pay a sum of R. 2000/- as compensation for mental agony and harassment as well as Rs. 1000/- as litigation expenses. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court.      

Dated: 10.06.2016.

                                                                                    ( ASHOK KUMAR GARG)

                                                                                       PRESIDENT

 

                                                                       

                                                                                    (  S.C. SHARMA)

                                                                                       MEMBER