Orissa

Cuttak

CC/170/2022

Susanta Kumar Mishra - Complainant(s)

Versus

DTDC Courier Service - Opp.Party(s)

Self

28 Apr 2023

ORDER

            IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.170/2022

Susanta Kumar Mishra,

Plot No.G/6,Labour Colony,

Rajabagicha,Badambadi-753009.                                ... Complainant.

 

                                                                Vrs.

1.    DTDC Courier Service,Mahcneswar,Zone-A,Shop No.10,Mancheswar IE RD Block A,

             Sector-A,Mancheswar,Bhubaneswar,

            Odisha-751010.

 

2.    DTDC Courier Service,

Buxi Bazaar Chowk,Cuttack,

                        pin 753001

 

 

Present:               Sri Debasish Nayak,President.

                                                Sri SibanandaMohanty,Member.

 

               Date of filing:     22.08.2022

Date of Order:    28.04.2023

 

For the complainant:           Self.

For the O.Ps.              :          None.

 

Sri Debasish Nayak,President.           

Case of the complainants as made out from their complaint petition in short is that on 13.6.2022 the complainant had taken shipment through O.P no.2 vide shipment No.K56319456 but the same is yet to reach its origin.  The complainant had paid the booking amount of Rs.210/- to O.P no.2 through “phone pay” on 13.6.2022 at about 6.56 P.M.  Inspite of repeated running and query, O.P no.2 could not specify as to under what circumstances, the shipment could not reach the destination.  The matter was also reported by the complainant to O.P no.1 and a legal notice was served upon both of them.  The money as paid by the complainant is not even returned to the complainant by the O.Ps and not even the shipment article cost of Rs.3500/-.  It is for this, the complainant has come up with this case seeking shipment cost of Rs.210/- together with Rs.3500/- towards the cost of the consigned article alongwith compensation of Rs.20,000/- from the O.Ps, further with a prayer towards the cost of the litigation.

2.       The O.Ps having not contested this case  were set exparte vide order dt.24.11.22 and again after due direction from the Hon’ble State C.D.R.Commission,Cuttack when the O.Ps again failed to appear, they were set exparte for the second time on 10.3.2023 as because it was presumed that they have no mind to appear and contest tis case.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point No.ii.

Out of the three points, point no. ii being the pertinent one is taken up first for consideration here in this case.

The complainant had taken shipment on 13.6.2022 through O.P no.2 vide shipment No.K56319456 but the same could not  reach its destination.  The complainant had paid the shipment amount of Rs.210/- to O.P no.2 through “phone pay” on 13.6.2022 at about 6.56 P.M.  Inspite of the complainant’s repeatedrunning and query,when the O.P no.2 could not specify as to under what circumstances the shipment could not reach the destination and could not even ascertain the consigned article, the complainant had reported the matter to O.P no.1 so also a legal notice was served upon both of the O.Ps.  The money as paid by the complainant is not even returned to the complainant by the O.Ps as well as  the shipment article cost of Rs.3500/-.  It is thus made out that the O.Ps have committed deficiency in service by not returning the money as paid by the complainant.

Points no.i& iii.

          From the discussions as made above, the case of the complainant is maintainable and the complainant is entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                                          ORDER

          Case of the complainant is allowed exparte against both the O.Ps who are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to return the shipment cost of Rs.210/- to the complainant alongwith the cost of the shipped article of Rs.3500/-.  The O.Ps are also directed to pay a compensation of Rs.20,000/- to the complainant towards his mental agony as well as cost of litigation to the tune of Rs.30,000/- within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 28^th day of April,2023 under the seal and signature of this Commission.          

                                                                                                                       Sri Debasish Nayak

                                                                                                                                 President

                     

 

                                                                                                     Sri Sibananda Mohanty

                                                                                                                              Member