Complainant Jasbir Kaur vide the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to pay Rs.1,00,000/- i.e. Rs.50,000/- price of the articles plus Rs.50,000/- as mental pain, agony and harassment alongwith Rs.10,000/- as litigation expenses to her, in the interest of justice.

2.        The case of the complainant in brief is that she sent eight lady suits and two sweaters through Courier on 12.12.2017 and paid Rs.4600/- as courier charges having service reference No.263000000685 at the address of Kaur Sukhwant, resident of Gambaretti-413703 San Giovanni Italy Touraine VR and as such she is consumer of the opposite parties. She has further alleged that the items sent by her through courier have not been received by the addressee till the date. She requested so many times to opposite parties in this regard but all in vain. She suffered mental tension and even loss to the tune of Rs.50,000/- i.e. the price of the articles dispatched through couriers. Thus, there is clear cut deficiency in service on the part of the opposite parties. She also served a legal notice dated 25.3.2018 through registered post to the opposite parties, but they have not given any reply to the same.  Hence, this complaint.

 3.          Notice of the complaint was issued to the opposite parties. Sh.Harpreet Singh, Adv. has appeared and filed memo of appearance on behalf of opposite party no.1 on 5.11.2018 and after 26.11.2018 he did not come. On 10.12.2018, case called several times but none has appeared on behalf of opposite party no.1, therefore, it was proceeded against exparte.  On the same day Sh.Sameer Sharma, Adv.has appeared and filed memo of appearance on behalf of opposite party no.1 but did not file the written reply to main complaint and right of the opposite party no.1 for filing of written reply was forfeited and case was fixed for 28.1.2019 for arguments and for filing vakalatnama, thereafter he did not come. On 19.3.2019 Sh.Anil Sharma, Branch Manager of opposite party no.1appeared on behalf of opposite party no.1, thereafter he did not come. On 2.12.2019, case called several times but none has appeared on behalf of opposite party no.1, therefore, it was proceeded against exparte. Notice issued to the opposite party no.2 has been served but R.C. not received back. Case called several times but none has come present on behalf of opposite party no.2. Hence, opposite party no.2 was ordered to be proceeded against exparte vide order dated 19.11.2018.

 4.           Alongwith the complaint, complainant has filed her own affidavit along with the other documents exhibited as Ex. C1 to Ex.C4.

5.      We have carefully gone through the pleadings of counsel for the complainant; oral exparte arguments advanced by her counsel and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the purposes of adjudication of the present complaint.

6.      Ex.C-1 is the copy of the receipt dated 12.12.2017, having reference no. No.263000000685 issued by DTDC Express Ltd., whereby the complainant sent clothes to be delivered at the address, Kaur Sukhwant, resident of Gambaretti-413703 San Giovanni Italy Touraine VR, having value of Rs.7,000/- and paid an amount of Rs.4670/- as Courier Charges. The clothes sent by the complainant did not reach the address till the date of the filing of the complainant t nor it was returned to the complainant. The complainant contacted the opposite parties a number of times but the opposite parties failed to give any satisfactory reply. The complainant also sent a registered legal notice i.e. Ex.C-2 on 23.5.2018 but to no use. Such an act amounted to deficiency in service on the part of the opposite parties and the complainant underwent a lot of mental harassment as well as suffered monetarily. Moreover, failure on the part of opposite parties to contest the claim of the complainant shows indifferent attitude of the opposite parties to redress the grievance of the complainant.

7.      As an upshot of the aforesaid discussion, we partly accept the complaint of the complainant with a direction to the opposite parties to refund the amount of Rs.11,670/- i.e. ( Rs.7000/- as price of clothes + Rs.4610/- as Courier Charges = Rs.11,670/-). Opposite party is also directed to pay a sum of Rs.4,000/- as compensation for the harassment undergone by the complainant alongwith litigation expenses amounting to Rs.5,000/-. Order be complied within a period of 30 days of the receipt of copy of the order.

8.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                         

                    (Neelam Gupta)

                                                                                    President   

Announced:                                                   (Bhagwan Singh Matharu)

September 03, 2021                                                       Member

*MK*