In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 403 / 2011.
1) Sri Dhruba Jyoti Guha,
538/1, Jodhpur Park, 1st Floor, Kolkata-700068. ---------- Complainant
---Versus---
1) D.T.D.C. Courier & Cargo Ltd.,
Incharge- Sri Sanjay Roy & Smt. Rita Roy,
Booking Branch-K.F. 1587,
286, Jodhpur Park, Kolkata-700068. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,MEMBER
Smt. Sharmi Basu ,MEMBER
Order No. 5 Dated 17/04/2012.
The case of the complainant in short is that complainant sent a box containing fruits worth Rs.300/- weighting 7.4 kgs and the same consignment was booked on 11.6.11 on 10.45 a.m. with the o.p. DTDC Courier and Cargo Ltd. for his son in law Abhijit Ghosh, Mayfair Gardens, Apartment no.311-12, Azad Lane, Andheri (West), Mumbai-400058 and the said consignment box was handed over to the o.p. at Kolkata office and the said consignment box never reached the destination even after five months nor any reason was assigning and made known to the complainant for non-delivery of the said consignment even after five months. Further case of the complainant is that he was verbally reported by o.p. that the said box was destroyed on transit nor any proof showing destroy of material was shown to the complainant. But despite repeated demand o.p. did not pay heed to the request of complainant. Hence, the instant case with a prayer contained in the prayer portion of the petition of complaint.
O.p. has not contested the case appearing by filing w/v despite service of notice. accordingly the case is heard ex parte.
Decision with reasons:
We have gone through the pleadings of the complainant, evidence and documents in particular lying with the record meticulously and we are of the view that the evidence filed by the complainant supported by affidavit has remained unchallenged testimony since the same has not been rebutted by o.p. and we have no reason to disbelieve the evidence of the complainant at any stretch of imagination and as the complainant is an octogenarian citizen and having due regard to the facts and circumstances we are of the view that the complainant is entitled to relief as prayed for because there is deficiency of service on the part of o.p. as a service provider to its consumer / complainant.
Hence, ordered,
That the petition of complaint is allowed ex parte against the o.p. with cost. O.p. is hereby strictly directed to pay cost of material of Rs.300/- (Rupees three hundred) only plus charge for transport paid to o.p. for Rs.400/- (Rupees four hundred) only and for compensation of Rs.5000/- (Rupees five thousand) only for his harassment, mental stress and agony and litigation cost of Rs.2000/- (Rupees two thousand) only. O.p. must carry out the aforesaid order and making payment to the complainant as ordered above within 45 days from the date of communication of this order i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Let a copy of this order be handed over to the complainant.
_____Sd-_____ ____Sd-____ ______Sd-________
MEMBER MEMBER PRESIDENT
