BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complt. Case No :  38 of 2010

Date of Institution: 20.01.2010

Date of Decision  : 08.07.2010

Santosh Medicare, Booth No.44, Sector 35-C, Chandigarh, through its Proprietor Sh.Ashok Bansal.

 ……Complainant

V E R S U S

1]       DTDC Courier, SCO 267, Sector 35-D, Chandigarh, through its Regional Manager.

2]       M/s Pawan Aggarwal, DTDC Courier Franchisee, Booth No.295, Sector 32-D, Chandigarh.

3]       DTDC Courier and Cargo Ltd., DTDC House No.3, Victoria Road, Bangalore 560047 through its C.M.D.

.…..Opposite Parties

CORAM:          SH.LAKSHMAN SHARMA                         PRESIDENT

                    SH.ASHOK RAJ BHANDARI            MEMBER

                    MRS.MADHU MUTNEJA                        MEMBER

PRESENT:     Sh.Gaurav Bhardwaj, Adv. for the complainant.

Sh.Parminder Singh, Adv. for OPs

PER MADHU MUTNEJA, MEMBER

                    The instant complaint has been filed by Sh.Ashok Bansal, complainant under Section 12 of the Consumer Protection Act claiming compensation from the OPs for a lost consignment booked with them for delivery at New Delhi.

1]                 The facts of the case in brief are as under:-

                    The complainant had booked one packet with the OPs, which contained certain medicine required for a heart patient in New Delhi.  The medicines were worth Rs.4844/-. The value and nature of the consignment was mentioned on the receipt issued to the complainant by the OPs.  The packet never reached the consignee at New Delhi despite various complaints filed by the complainant with the OPs.  They have thus filed this complaint seeking redressal of their grievance pleading deficiency in service and unfair trade practice by the OP.

2]                 The OPs in their reply have stated that the consignment was in a sealed condition and they were not aware of its contents.  Further, their liability is only to the extent of Rs.100/- as damages in case of non-delivery of the consignment.

3]                 Both parties led evidence in support of their contentions.

4]                 We have heard the learned counsel for the parties and perused the evidence led by the parties in support of their contentions.

5]                 After hearing the ld.Counsel for the parties and perusing the evidence, we are of the view that the complainant had obviously informed the OPs about the value and contents of the packet/consignment since these have been duly mentioned  on the receipt issued by the OPs to the complainant. 

                    In view of the above, we can conclude that the OPs were well aware of the value and contents of the consignment.  Even otherwise the OPs were required to take reasonable care & caution to ensure that the consignment would reach the consignee on time and without any loss or damage.  However, it is admitted by the OPs that the consignment was lost in transit and did not reach the consignee.  Thus deficiency in service is clearly made out.  They are responsible for the loss and harassment suffered by the complainant due to their fault.

6]                 In view of the above findings, we allow the present complaint.  The OPs are directed as under:-

i)             To refund an amount of Rs.40/- to the complainant, which was charged for the delivery of courier.

ii)            To pay Rs.4844/- to the complainant towards the cost of the medicine/consignment.

iii)          To pay the complainant a sum of Rs.5000/- as damages, for harassment suffered due to deficiency in service, as well as cost of litigation.

The aforesaid amount be paid by the OPs within 45 days from the date of receipt of certified copy of this order, failing which the OPs shall pay a sum of Rs.9,884/- to the complainant along with interest @12% per annum from the date of this order till realization.

7]                 Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

08.07.2010                                                                      Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                                          Sd/-

                                       (ASHOK RAJ BHANDARI)

MEMBER

                                                          Sd/-

                                                             (MADHU MUTNEJA)

MEMBER

‘Om’