RESERVED

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No.2363 of 2003

M/s First Flight Couriers Ltd. through

Manager, Bareilly Branch through its

Regional Office at 414-415, Sahara Trade Centre,

Faizabad Road, Lucknow.                               ...Appellant.

Versus

Dr. A.K. Sinha s/o Shri S.N. Sinha,

R/o Manju Villa, 3/65-A, Suresh Sharma Nagar,

Bareilly.                                                      .…Respondent.

Present:-

1- Hon’ble Sri A.K. Bose, Presiding Member.

2- Hon’ble Sri Jugul Kishor, Member.

None appeared.

Date       11.2.2015

JUDGMENT

Sri A.K. Bose,  Member- Aggrieved by the judgment and order dated 29.7.2003 passed by the Ld. DCDRF-II, Bareilly in complaint case No.258 of 2002, the appellant M/s First Flight Couriers Ltd. has preferred the instant appeal under Section 15 of the Consumer Protection Act, 1986 (Act 68 of 1986) on the ground that the impugned order is arbitrary, perverse and is bad in the eye of law. It was delivered without proper appreciation of law and/or application of mind on the basis of surmises and conjunctures  only and, therefore, it has been prayed that the same be set aside in the interest of justice otherwise, the appellant will suffer irreparable loss.

Since the appeal was pending for the last 12 years

(2)

for disposal, therefore, in view of the provisions contained under Section 8(6) of he U.P. Consumer Protection Rules, 1987, we preferred to take up the appeal for disposal on the basis of evidence on record. From perusal of the records, it transpires that Sri S.L. Verma, Advocate appeared on behalf of the respondent on 14.12.2014 and  filed his objections.

We have given due consideration on the evidence available on record. The factual matrix, in brief, is that the respondent/complainant Dr. A.K. Sinha, a resident of Bareilly had sent a sum of Rs.5,000.00 in cash to his daughter residing in Delhi through the appellant M/s First Flight Couriers Ltd. vide receipt no.34393018 dated 18.4.2002. The envelop reached its destination on the next date. However, it did not contain any currency notes. Consequently, a complaint was made with the appellant Courier Company; and on its failure to take appropriate steps in the matter, the respondent/complainant Dr. A.K. Sinha filed complaint case no.258 of 2002 before the Ld. DCDRF, Bareilly for redressal of his grievances. The Forum below after hearing both the parties, directed the appellant Company to pay a sum of Rs.5,000.00 to the respondent in addition to Rs.500.00 towards deficiency in service. Aggrieved by this judgment and order, the instant appeal has been filed by the Courier Company.

Admittedly, there is no iota of evidence that currency notes were packed in the envelop which were sent through the appellant M/s First Flight Couriers Ltd. Besides this, the Rules and Regulations relating to Courier Service do not permit Gems, Jewelry, Currency, Liquids or Share

(3)

Certificates to be sent through Courier Service. The respondent failed to mention on the envelop that it contained currency notes. The amount was not insured either. The booking slip contains terms and conditions for the Courier Services which indicate that Gems, Jewelry, Currency, Liquids or Share Certificates are not strictly accepted. The respondent had sent the currency notes absolutely in violation of the terms and conditions and, therefore, is not entitled for recovery of the same, if any. The envelops passed through various hands at various stages and, therefore, it is also not possible to ascertain at which stage the remiss actually took place. The daughter of the respondent had received the envelop in person and at that time, she did not raise any objection in writing that it did not contain currency notes or than the envelop was pilferaged. The Forum below failed to take notice of these facts and passed the impugned judgment which is neither based on facts and circumstances nor is supported by evidence on record.  Consequently, it is liable to be set aside.

ORDER

The appeal is allowed; and the judgment and order dated 29.7.2003 passed by the Forum below in complaint case no.258 of 2002 is set aside. No order as to costs.  Certified copy of the judgment be provided to the parties in accordance with the rules.

         (A.K. Bose)                                (Jugul Kishor)

    Presiding Member                             Member

Jafri PA-II

Court No.4