THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR

Consumer Complaint No. 576-15

Date of Institution : 9.1.2015

Date of Decision : 3.11.2015

Mr. Dharminder Talwar S/o Sh. Mitterpal Talwar R/o 445/VI-3, Majith Mandi, Amritsar ........Complainant

Vs.

DTDC Courier & Cargo Ltd. Having its Branch Office At Tunda Talab, Near Union Bank of India, Amritsar through its Prop./Partner

....Opp.party

Complaint under section 12/13 of the Consumer Protection Act, 1986

Present : For the complainant : Sh.Deepinder Singh,Advocate

For the opposite party : Ex-parte

Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &

Sh.Anoop Sharma,Member

Order dictated by :-

Bhupinder Singh, President

1 Present complaint has been filed by Dharminder Talwar under the provisions of the Consumer Protection Act alleging therein that complainant hired the services of the opposite party for sending important documents to New Delhi vide Docket No. Z63572692 dated 22.8.2015 to its Chartered Accountant at new Delhi and the opposite party assured that the same would be delivered on the next working day. Complainant was shocked to know from the consignee that the said documents did not reach the destinaion. The complainant approached the opposite party to know the fate of the documents but till the filing of the present complaint the same has not been delivered and neither been returned to the complainant. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to deliver the said envelope at its destinaion or return back the same to the complainant. Compensation of Rs. 25000/- alongwith litigation expenses were also demanded.

2. Initially opposite party did not appear despite service, as such it was proceeded against ex-parte vide order dated 30.9.2015. Later on at the stage of arguments Sh. Ajay Shanker,Advocate appeared on behalf of the opposite party and filed memo of appearance on 2.11.2015 and he was permitted to join the proceedings at that stage and the case was fixed for 3.11.2015 for arguments. But on 3.11.2015 none appeared on behalf of the opposite party and as such opposite party was again proceeded against ex-parte.

3. In ex-parte evidence complainant tendered into evidence his affidavit Ex.C-2 alongwith documents Ex.C-2 & Ex.C-3.

4. We have carefully gone through the averment of the complainant,arguments advanced by the ld.counsel for the complainant and have appreciated the ex-parte evidence produced on record by the complainant with the valuable assistance of the ld.counsel for the complainant.

5. From the record i.e.averment of the complainant and the evidence produced on record by the complainant, it stands fully proved on record that complainant sent some documents to the consignee namely Mohinder Kumar, CA, M-143, Guru Harkishan Nagar, Paschim Vihar, New Delhi through the opposite party vide Docket/receipt dated 22.8.2015 Ex.C-2 and the opposite party assured that the consignment would be delivered to the consignee on the next working day. But the opposite party failed to deliver the said parcel to the consignee as is evident from the letter sent by the consignee dated 29.8.2015 Ex.C-3 that he did not receive the parcel which the consignor i.e. complainant has sent to the consignee vide receipt dated 22.8.2015 Ex.C-2 through the opposite party. The complainant has further deposed through his affidavit Ex.C-1 that the said parcel was not delivered by the opposite party to the consignee till today.

6. The evidence produced by the complainant in the form of his affidavit Ex.C-1 narrating the complete version of the complaint, the receipt Ex.C-2 issued by the opposite party and the letter received from the consignee Ex.C-3 to prove that the parcel was never delivered by the opposite party to the consignee, remained unrebutted and unchallenged as none appeared on behalf of the opposite party despite service to contest the complaint filed by the complainant nor any person on behalf of the opposite party dared to file any affidavit to rebut the evidence produced by the complainant.

7. Resultantly it stands fully proved on record that opposite party failed to deliver the consignment to the consignee which was sent by the complainant vide receipt dated 22.8.2015 issued by the opposite party. Therefore, the opposite party is in deficiency of service towards the complainant.

8. Consequently we allow the complaint ex-parte with costs and the opposite party is directed to pay compensation of Rs. 5000/- to the complainant. Opposite party is also liable to pay litigation expenses Rs. 1000/- to the complainant. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

3.11.2015 ( Bhupinder Singh )

President

( Kulwant Kaur Bajwa) (Anoop Sharma)

/R/ Member Member