By Smt. PREETHI SIVARAMAN.C, MEMBER

1.Case of the complainant:-

     Complainants are residing in the address shown above. Complainant‘s house is situated on the side of  NH.66 at Chelambra. 1^st Opposite party’s office is located at a distance of about  1.1 km from complainant’s house.  Case of the complainant is that opposite parties are reluctant to deliver the parcels sent from other places in complainant’s name through DTDC Courier into complainant’s house. As per opposite party's website it is clearly stated that complainant’s house is situated within the serviceable area of DTDC. 

2.        On 10/12/2020 opposite party No.1 called the complainant No.2  and asked him to take the  parcel which had arrived in complainant’s name from their office at Chelari.  But due to some emergencies complainant No.1 requested the opposite partyNo.1 to deliver the parcel into their house.  But opposite party No.1  did not deliver the parcel to complainant. However, the parcel was returned without being delivered to the complainant with a shipping status “not delivered”. Thereafter complainants regularly contacted to the customer care of opposite parties  through phone and sent  emails to them , but no reply received.. 

3.     On 16/12/2020 complainants contacted National consumer helpline and  registered their grievances as per  docket No.2450504 and as per their direction  complainants sent emails to opposite parties on that day itself and two reminders in consecutive intervals, but no reply received. Thereafter the authorities of DTDC called the complainants to enquire about  the parcel concerned. They  said to complainants that  the report given by  DTDC, Chelari to them was that  the house of the complainant is 35 kms  away from  the office of opposite party No.1.  Then   complainants convinced them that the office of Chelari DTDC was within 1 km distance from their house. Opposite party No.2 realised the situation and on 09/01/2021 they delivered the parcel to complainant’s house through DTDC Calicut. Then they promised to complainant  that in the future, parcels  coming in the name of complainant will deliver to complainant’s house without delay.

4.             Thereafter   DTDC did not   deliver the  parcels in  complainant's name to

complainant’s house, but they returned the parcels without informing the complainants. Complainant No.1 is a cancer patient.  Complainant No.2  sent some medicines to complainant No.1 with a tag “Medicine urgent” in the  priority list  , but  opposite party No.1 did  not deliver the  item to complainant. Due to the careless  and negligent attitude of  opposite parties, complainant directly approached  the   opposite party No.1 to take the parcels from their office.  Due to the delay in delivering the parcel and delay in informing the complainant that the parcel had arrived, the medicines inside the parcel were damaged.  Recently three parcels in the name of complainant No.2 were returned by opposite party No.1 without informing the complainants. Due to the act of opposite parties complainants suffered a lot mentally, physically and emotionally. Complainant No.1 is a patient and she needs medicine in an emergent manner.  The medicines sent from other areas of our country will be damaged due to the late coming of items. Due to the non availability of medicines on time, medicines coming from other areas of the country in the name of complainants were damaged. There is clear deficiency of service and unfair trade practice from the side of opposite parties. Hence this complaint.

5.      Prayer of the complainant is that commission may be directed the opposite parties to deliver the parcels and other items in the name of complainants at complainant’s house in due time and  Rs. 1,30,000/- as compensation on account of deficiency in service on the part of opposite parties and thereby caused mental agony, loss of time, physical hardships and sufferings to the complainants and Rs.25,000/- as cost .  

6.            On admission of the complaint notice was issued to the opposite parties and

notice served on them and they did not turn up.  Hence opposite parties were set exparte.

7.           In order to substantiate the case of the complainants, they filed an affidavit in lieu of Chief examination and the documents they produced were marked as Ext. A1 to A12.  Ext.A1 is the copy of Web page which shows the serviceable area of opposite parties, Ext.A2 is the copy of Shipment summary & tracking history of first opposite party regarding wrong shipment update, Ext.A3 is the copy of Email sent by complainant No.2 to opposite parties dated 12/12/2020 regarding the parcel not delivered. Ext.A4 is the copy of email and remainder sent by complainant No.2   to opposite parties dated 16/12/2020 & 28/12/2020 regarding the parcel not delivered, Ext.A5 copy of Parcel delivery Run sheet of opposite parties dated 09/1/2020, Ext. A6 is the Copy of details  of consumer help line complaint filed by complainant  from 16/12/2020 onwards, Ext. A7 copy of E-mail sent by complainant to the opposite party on 24/01/2019 regarding Life saving medicine not delivered, Ext.8 is the copy of Shipment Tracking summary of parcel  came on 09/06/2021 which was returned,  Ext. 9 is the copy of Shipment Tracking summary of parcel  came on 07/08/2021 which was returned, Ext. 10 is the copy of Shipment Tracking summary of parcel  came on 09/8/2021 which was returned, Ext.A11 Discharge Summary of MVR Cancer Centre  & Research Institute dated 18/07/2018, Ext.A12 is the copy of Web page which shows that complainants residence is still in the serviceable area of opposite parties.

8.       The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter.   Moreover complainants produced twelve documents which are very supportive to prove their case.  Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.

9. Hence we allow this complaint  as follows:-

1. The opposite parties are directed to  deliver the parcels and other items  in the name of complainants at complainants house  in  due time .
2. The opposite parties are also  directed to pay compensation of Rs. 1,00,000/-
   (Rupees One lakh only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
3. The opposite parties also directed to pay Rs.5000/- (Rupees Five thousand only) as cost of the proceedings.

          If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.