Complainant Kamal Kumar through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has sought issuance of necessary directions to the titled opposite parties to pay Rs.4000/- as compensation and Rs.800/- received from him for the delivery of the parcels and as cost of the electrical goods and fittings and as well as the original price value of those electrical goods and fittings which was in the parcel. He has also claimed Rs.5000/- as litigation expenses and Rs.75,000/- as damages because of illegal tension and harassment and loss to his business and any other relief which this Forum deems fit, all in the interest of justice. 

2.       The case of the complainant in brief is that he is running a business of electrical fittings and wires under the name and style of M/s. Shri Ram Traders, Hanuman Road, Near Sant Cloth House, Gurdaspur. It was pleaded that on 15.1.2015 complainant visited the office of opposite party no.1 i.e. DTDC Courier situated at Gurdaspur for delivering of two parcels to the Firm namely Kedia Electricals New Delhi, containing electrical goods and fittings worth for Rs.4000/- having scrap material and replacements but the original and new price value of these materials about Rs.15000/-/16000/-. It was further pleaded that after taking two parcels and payment of Rs.800/- from the complainant opposite party no.1 issued a receipt to him bearing consignment No.D20221521 dated 15.1.2015 and assured that the same will be delivered at concerned address within 3 to 4 days. It was next pleaded that as per the rules and service of the above said Courier Service both of the parcels were to be successfully further passed to the opposite party no.2 by opposite party no.1 and the same had been done by opposite party no.1. One of the parcel has been delivered after the lapse of long time on 11.2.2015 as per opposite party no.1 due to the negligence and irresponsibility but due to negligence and irresponsibility of opposite parties no.2 and 3 the second parcel was missing and till today the same is not delivered to the above said firm. It was also pleaded that from the date of the booking of the said parcels complainant visited the office of opposite party no.2 4-5 times but the opposite party and its owner kept him at an arm’s length and making pretexts one after another. Opposite party no.2 abused him very badly publically and in the presence of its employees and got him out of their office by saying words that he can do anything what he wants and refused to entertain him and threatened him in threatened manner. It was pleaded that one of the employee of opposite party no.2 namely Madam Navjot was also threatening him and abusing him from her mobile number by saying that he can do what so ever he wants. It was further pleaded that customers who were to get their replacements materials had already been making several visits to the shop of the complainant for their electrical goods but due to above said act and conduct of opposite parties no.2 to 4, complainant feeling insulted in the eyes of his customers and general public and friends. It was also pleaded that opposite parties no.2, 3 and 4 are liable to compensate for negligence and irresponsibility and for causing harassment to the complainant. 

3.       Upon notice, the opposite parties failed to appear after the lapse of 30 days and were proceeded against exparte on 20.4.2015 and the case was fixed for exparte evidence of the complainant for 4.5.2015. On 4.5.2015 Miss Meena Mahajan Advocate has appeared on behalf of opposite parties and moved an application for joining the proceedings. Case was at initial stage so in the interest of justice the said application was allowed and the counsel for the opposite party was allowed to join the proceedings and case was fixed for evidence of the complainant. After the evidence of the complainant none has come present on behalf of opposite parties for producing the evidence so the opposite parties were again proceeded against exparte on 8.6.2015.        

4.      Complainant tendered into exparte evidence his own affidavit Ex.C3 alongwith other documents Ex.C1 and Ex.C2 and closed the evidence.

5.       We have duly considered the pleadings; heard the arguments advanced by counsel for the complainant and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the purpose of adjudication of the present complaint.

6.       From the pleadings and evidence on record it is case of the complainant that on 15.1.2015, he got booked two parcels for delivering the same to Firm namely Kedia Electricals New Delhi, containing electrical goods and fittings worth for Rs.4000/- having scrap material and replacements but the original and new price value of these materials about Rs.15000/-/16000/- with the opposite party no.1 and the opposite party no.1 booked the same after receiving Rs.800/- as delivering charges and issued him a receipt bearing consignment No.D20221521 dated 15.1.2015 and assured the complainant that the same will be delivered at the correct address within 3 to 4 days. Out of two parcels one parcel was delivered after the lapse of long time on 11.2.2015 due to the negligence and irresponsibility of opposite party no.1. Second parcel was missing and had not been delivered to the said firm due to the negligence and irresponsibility of opposite party no.2 and 3. Complainant time and again approached the opposite parties no.2 and 3 and asking from them about the delivery of the second parcel but they threatened  and abusing him in the presence of their employees and publically. Complainant also felt insulted before his customers as he could not provide the good service to his customers. 

7.      Opposite parties had not appeared to contest the case of the complainant and was proceeded against exparte firstly on 20.4.2015 and secondly on 8.6.2015 from which it is clear that they admit the case of the complainant and they have nothing to say about the allegations of the complainant.

8.       From the entire above discussion we hold opposite parties negligent/deficient in providing services to the complainant and hence we partly allowing the complaint exparte direct the opposite parties to pay Rs.4000/- to the complainant i.e. lost of the second parcel which was lost in transit. Opposite parties are further directed to pay Rs.3000/- as compensation for harassment and litigation expenses to the complainant. Compliance of order be made within a period of 30 days from the receipt of the copy of these orders otherwise the aggregate amount shall carry an interest @ 9% P.A. from the date of orders till actual payment. 

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

                                                                                           (Naveen Puri)

                                                                                                    President.                                                                                         

ANNOUNCED:                                          (Jagdeep Kaur)

July 06, 2015                                                         Member.

*YP*