STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

UNION TERRITORY, CHANDIGARH

Manish Kumar Arya S/o Sh. Ram Phar Arya R/o H.No.261, Small Flats, Mauli Jagran, Part-II, Chandigarh -160102.    

   ....Appellant/Complainant

Versus

1. DTDC Corporate Office, H.No.3, Victoria Road, Bangalore-560047 (Karnataka) through its Director.
2. DTDC Regional Office, SCO No.267, Sector 35-D, Chandigarh -160036 through its Regional Manager.
3. Gurdeep Singh, Prop of Document Center, Shop No.174/6, Village Mauli Jagran, UT, Chandigarh.

                                  ....Respondents/Opposite Parties

BEFORE:  JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                 MRS. PADMA PANDEY, MEMBER

Argued by:- Sh. Manish Kumar Arya, appellant in person.

                Sh. D.S. Walia, Advocate proxy for Sh. B.S. Walia, Advocate for respondents No.1 & 2.

                   Respondent No.3 exparte vide order dated 4.12.2020.

PER PADMA PANDEY, MEMBER

              This appeal is directed against an order dated 14.2.2020, rendered by District Consumer Disputes Redressal Forum-II, UT, Chandigarh (hereinafter to be called as the District Forum only), vide which, it allowed the complaint, filed by the complainant (now appellant) and directed the Opposite Parties (now respondents), as under:-

“In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed by directing the OPs to pay lump sum compensation of Rs.6,500/- to the complainant on account of loss, mental agony, physical harassment and the litigation expenses. This order shall be complied with by the OPs within a period of 30 days from the date of receipt of copy of this order, failing which the OPs shall also be liable to pay interest @9% p.a. on the awarded amount from the date of this order till its realization.”

2.    The facts in brief, are that, the complainant was doing six months Nutrition Course, which was conducted by RCM Bhilwara (Rajasthan) through online process by Xpertifi ITM Skill Academy and for that purpose he had submitted registration fee of Rs.1500/- and the exams were to be conducted in April, 2019. It was stated that this was the one time opportunity to complete the Course, as per the rules of the Academy, and there was no second chance to complete the said course. It was further stated that the study material i.e. books and one mechanical device was available only at Delhi and Bombay and as such, he approached his friend namely Arpit Bhatia at Delhi to send the material aforesaid material through courier.  It was further stated that after arranging the said material, the same was sent by his friend through Opposite Parties on 09.03.2019 from Delhi, vide tacking No.Z85788980, as well as from Bombay vide tracking No.M81467612. It was further stated that after a lapse of one week of shipping, the said material was not received by him from the courier agency and, therefore, he checked the online status and became surprised to know that the same was shown to be “successfully delivered” on 11.03.2019 as well as on 12.03.2019 (Annexures C-1 & C-2), therefore, he approached the Opposite Party No.2, who further gave a telephonic call to Opposite Party No.3 to know the delivery, which in turn assured to deliver the courier by the evening, to the complainant. It was further stated that when the same was not delivered after waiting for two days, then he personally approached the Opposite Party No.3 who stated that as the complainant had complained against it to Opposite Party No.2, therefore, he will not handover the courier as the shipment summary showing the online status as “successfully delivered”.  It was further stated that the aforesaid acts of the Opposite Parties, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint, was filed.

3. Despite service, none put in appearance, on behalf of Opposite Party No.1, as a result whereof, it was proceeded against ex-parte, by the District Forum, on 14.11.2019.
4. After registration of the complaint, notice was sent to the Opposite Parties No.2 & 3. Notice was received back with the report of refusal. Treating it as a valid service, ex parte proceedings were taken against the appellant.
5.     After hearing the complainant/appellant in person, and, on going through the evidence, and record of the case, the District Forum, allowed the complaint, as stated above.
6.    Feeling aggrieved, the instant appeal, has been filed by the appellant/complainant, with a prayer to direct the Opposite Parties to refund the equipment of Rs.40,000/-, to pay costs, incidental to appeal.
7.    We have heard the appellant in person and Counsels for the respondents No.1 & 2, and have gone through the evidence, and record of the case, carefully.
8.    After giving our thoughtful consideration, to the rival contentions, raised by the Parties and the evidence, on record, we are of the considered opinion, that the appeal is liable to be accepted, for the reasons to be recorded hereinafter.
9.     As seen above, the learned Forum has allowed the complaint of the complainant/appellant and allowed compensation of Rs.6500/- within a period of 30 days, failing which interest @ 9% p.a. to be paid from the date of the order. However, in the appeal, the appellant, aggrieved by the order passed by the learned Forum has prayed for compensation, for the equipment, which is still today not delivered by the courier. Since, it is clear from the record, that the said equipment has not been delivered, this Commission finds it suitable to modify the order of the learned District Forum as under:-
   1. To deliver the equipment, which, as on date still lying with the courier, to the appellant, immediately.

The other relief granted by the learned Forum shall stand intact.

10.    No other point, was urged, by the Parties.
11.    Certified Copies of this order be sent to the parties, free of charge.
12.    The file be consigned to Record Room, after completion.

Pronounced.

24.03.2021                                                                                                                                        

                                                                                                                                                                                                Sd/-

                        [JUSTICE RAJ SHEKHAR ATTRI]

PRESIDENT

                                                                                                                                                                                                        Sd/-                 

[PADMA PANDEY]

MEMBER