DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)
GOVT. OF NCT OF DELHI
CONVENIENT SHOPPING CENTRE, FIRST FLOOR,
SAINI ENCLAVE, DELHI – 110 092
C.C. NO. 627/13
Sh.ANIL KUMAR
THROUGH ITS AUTHORIZED REPRESENTATIVE
OMPRAKASH CHOUHAN
416, GAUR COONY, SECTOR 5,
VAISHALI, GHAZIABAD, U.P.
….Complainant
Vs
- DAY TO DAY COURIERS
E-315, IIIrd FLOOR, KARKARDOOMA COURTS,
SHAHDARA, DELHI-110032
- BLAZEFLSAH COURIERS LIMITED
BLAZEFLASH HOUSE, IIIrd FLOOR,
2E/8, JHANDEWALAN EXTN.,
NEW DELHI-110055.
….Opponent
Date of Institution: 31.07.2013
Judgment Reserved for: 19.07.2016
Judgment Passed on: 29/07/2016
Order By: Ms. Harpreet Kaur Charya (Member)
JUDGEMENT
This complaint has been filed by Sh. Anil Kumar through his authorized representative Sh. Omprakash Chauhan against Day to Day Couriers (OP-1) and Blazeflash Courier Ltd (OP-2) alleging deficiency in services.
BRIEF FACTS
The complainant on 26/06/2013 sent medicines to his mother who was suffering from cancer through courier, by booking shipment through OP-1, who is the booking agent of OP-2, Blazeflash Courier Ltd.
It was further stated that the medicines were booked to be delivered to their destination. On enquiry, from OP-1, complainant did not get any satisfactory reply and the status of the shipment was not appearing on the website of OP-2.
Thus, he has alleged in deficiency in services as the shipment did not reach its destination and has prayed for Rs.4,00,000/- towards compensation.
Both the OP’s were duly served and OP-2 filed written version and thereafter complainant filed rejoinder to written version of OP-2.
In the written version filed by OP-2, he has objected to the locus of Sh. Omprakash Chauhan to file the present complaint and has submitted that there was no consumer service provider relationship between the complainant and OP. They have also raised objection that the consumer had not disclosed the nature of consignment and contents. It was also submitted in the written version that as per terms and conditions which were accepted by the consignor at the time of booking that the liability of the OP for any loss or damage to the consignments 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 in case the value was not declared and/or the insurance charges were not paid by cash in advance at the time of booking.
Thereafter, replication and evidence were filed by both complainant and OP-2, Blazeflash Courier Ltd.
We have heard the counsel for the complainant and OP-2 has placed written arguments on record.
Perusal of the material placed on record reveals that the complainant has not filed any document which shows the status of the consignment booked by him, like, internet tracking report. Moreover, perusal of the medicine bills annexed with the complaint, it is seen that none of the medicine was prescribed for cancer, all of them were prescribed for High BP.
However, OP-2 has neither denied that the consignment was booked by the complainant nor they have placed any document on record to prove that the consignment was delivered at its destination.
Thus, we are of the opinion that OP-2 was liable to pay the cost of medicines Rs.2915/- @9% from the date of filing of complaint along with Rs.2,000/- as compensation and cost of litigation.
In case, the said amount has not been paid by the O.P. within 45 days from the date of receiving this order, the same is also recoverable along with 9% interest from the date of the order till the recovery of the said amount.
Copy of this order be sent to both the parties as per law.
File be consigned to Record Room.
(Dr. P.N.TIWARI) (HARPREET KAUR CHARYA) (SUKHDEV SINGH)
MEMBER MEMBER PRESIDENT
