FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
Brief facts necessary for the adjudication of the present complaint are that the complainant booked a consignment with the OP under order ID 0159142839-4656 & AWB No. 2829212397964 dated 06.06.2020. Such consignment contained keys of car is to be delivered to his son Md. Tosaddque Hussain at Delhi. OP promised and assured that they will deliver the consignment to the consignee by 10.06.2020. Unfortunately, the consignment article did not reach to the consignee. Despite several e-mails, the OP assured that the consignment will be delivered to the consignee. Consignee received else-one’s envelope instead of booked consignment. OP failed to deliver the aforesaid consignment to the consignee. Having no other option, complainant issued legal notice dated 21.07.2020 to the OP demanding a sum of Rs. 40,000/- as compensation for loss of consignment. Such notice was unattended. It is alleged that the OP has adopted unfair trade practice towards discharging their duties and liabilities. Complainant has prayed for direct the OP to pay Rs. 12,000/- towards cost of car keys, Rs. 1,95,000/- towards the fare of rental car availed on account of non delivery of consignment, Rs. 1,50,000/- as compensation and litigation cost.
No WV is filed by the OP. As such, the case runs ex parte against the OP.
Complainant Sk. Abul Hossain has filed his E/chief. The Ld. Advocate for the complainant argued that there is a clear gross negligence and deficiency in service on the part of the OP as in spite of consignment the OP failed to deliver it to the consignee Farhin Fashion, East Kailesh, Delhi within the stipulated period. Despite several e-mails OP assured that the consignment will be delivered to the consignee without any further delay. OP failed to deliver the aforesaid consignment to the consignee Farhim Fashion. Having no other option, the complainant issued legal notice dated 21.07.2020 to the OP demanding a sum of Rs. 40,000/- for untraced Skoda Rapid Car Keys. Legal notice was unattended. Fact remains that the complainant fails to produce any document to establish that he incurred Rs. 12,000/- for Skoda Rapid Car Keys. On the contrary, it appears from the photocopy of pickup receipt/delivery challan against order ID-01591428394656 that declared weight of the consignment is 0.5 kg and its declared value is Rs. 5,000/-. It is true that there were exchange of E-mails between the parties regarding the consignment. It is not in dispute that the complainant issued legal notice dated 21.07.2020 to the OP but such notice was unattended. In our opinion, the complainant comes well within the purview of the definition of the “Consumer” as per Consumer Protection Act, 2019.
It is pointed out that no WV has been filed by the OP though opportunity has been given to them for filing WV. As such, the allegations stated in the complaint petition remains unchallenged. Thus, we can safely state that on failure to file WV by the OP tantamount to the admission of the allegations alleged in the complaint.
As far as the alleged fare of rental charge of the car concerned, complainant failed to file any payment and/or rent receipts to establish that his son incurred Rs. 1,95,000/- as conveyance charges. No document is forthcoming on the part of the complainant that his son is an employee of Covid Department of Safdarjung Hospital, Delhi and also hired rental car for performing his duties. A bare perusal of the invoice it appears that Farhan Fashion is the consignee and not the son of complainant. Thus, payment of conveyance charge is not tenable. Accordingly, the complainant is not entitled to get any relief regarding rental charge of hired car used by his son.
On account of non delivery of consignment to Farhin Fashion/consignee they deprived of use of the car. Under the above facts and circumstances, the gross negligence and deficiency in service on the part of the OP is proved and the complainant cannot be denied the relief in part as prayed for.
In view of the aforesaid discussion, the consumer complaint is partly allowed and the OP is directed to pay Rs. 5,000/- (Rupees five thousand) only to the complainant for the consignment article booked against order ID 01591428394656 dated 06.06.2020 within a period of 90 days from the date of receipt of a copy of this order, failing which the amount shall carry interest at the rate of 6 percent p.a. for the said period. The OP shall also be liable to pay Rs. 10,000/- (Rupees ten thousand) and Rs. 5,000/- (Rupees five thousand) only to the complainant towards compensation and litigation cost within the specified date as mentioned above.
Copy of the judgment be supplied to the parties as per rules and also be uploaded forthwith on the website of this commission for perusal of the parties.
