BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM AT TURA.

Complaint Case No. 3/2015.

Shri Vikash Agarwal

S/O. Shri Shewbhagwan Agarwal.

Proprietor, Shew Pharmaceuticals,

Whole Sale Dealer in Medicines,

Located at Aski Market, 1^st Floor,

Circular Road, Tura,

Dist. West Garo Hills.

                            ….. Complainant.

                  -Vs-

1. D.T.D.C. Courier & Cargo Ltd,

STDC #3, Victoria Road,

Bangalore-560047.

2. D.T.D.C., Area Office,

Guwahati Super franchise new Autar Complex,

Neharani Path, Last Gate,

Guwahati-781006.

3. Gupta Enterprises, D.T.D.C. Courier,

Service, Tura Super Market,

Room no. 66.

                            …… Opposite Parties.

Counsel appearing for the Parties

Counsel appearing for the Complainant     :   Shri. M. Chakravarty, Advocate

Counsel for the Opposite Parties                 :   None

Date of Hearing                                           :  14.07.2016

Date of Order                                              :  04.08.2016

04.08.2016                            O R D E R

1.       Complainant, Shri Vikash Agarwal, Proprietor, Shew Pharmaceuticals, Whole Sale Dealer in Medicines, Located at Aski Market, 1^st Floor, Circular Road, Tura, Dist. West Garo Hills, has filed a complaint under section 12 read with section 11 of the Consumer Protection Act 1986 against the opposite parties No. 1. D.T.D.C. Courier & Cargo Ltd, STDC #3, Victoria Road, Bangalore-560047, No. 2. D.T.D.C., Area Office, Guwahati Super franchise new Autar Complex, Neharani Path, Last Gate, Guwahati-781006 and No. 3. Gupta Enterprises, D.T.D.C. Courier, Service, Tura Super Market, Room no. 66 for deficient and negligent service. Case of the Complainant in brief is that he had booked one case of Medicine on 16-12-2013 with DTDC branch at Tura named after Gupta Enterprises DTDC Courier Service, Tura Super Market, Room No. 66 (O.P. No. 3) for the consignment to be delivered to M/S Elder Pharmaceutical Ltd., Guwahati but which was never delivered and inspite of many correspondence the opposite parties never responded, hence, the Complainant has filed this case. Accordingly, notice issued to the opposite parties by registered post and O.P. No. 3 entered appearance through Counsel Shri. M. L. Thangal and prayed for time to file written statement. However the O.P.s subsequently did not file any reply inspite of many chances given and when they did not file written statement inspite of last chance given, the written statement by the Ops was closed vide order dated 11.03.2016 and case fixed for evidence by the complainant. The Complainant adduced evidence and examined himself as PW 1 by filing deposition on Affidavit and has closed evidence. Thereafter case fixed for exparte hearing as the Ops never showed any interest to contest the case.

2.       The instant case having come up for final hearing on 14.07.2016 in the presence of Shri. M. Chakravarty, Advocate for the Complainant and none for the opposite parties and having stood for consideration to this day, this Court delivered the following exparte Order. Having heard the submission of the Complainant and on perusal of the evidence and the materials on record this Forum framed the following points for determination:-

i. Whether the instant claim is maintainable?

ii. Whether there has been deficient and negligent service on the part of the O.P.s in failing to deliver one case of Medicine which is to be delivered to M/S Elder Pharmaceutical Ltd., Guwahati, which has been booked by the complainant on 16-12-2013 with DTDC branch at Tura named Gupta Enterprises, DTDC Courier Service, Tura Super Market, Room No. 66 (O.P. No. 3)?

iii. Whether the Complainant is entitled to the relief claimed?

3.     The complainant stated that he is a duly licensed Whole-Sale Dealer in Medicines of various companies having his medicine shop located at Aski Market, 1^st Floor, Circular Road, Tura , Dist. West Garo Hills and had booked one case of Medicine on 16-12-2013 with DTDC branch at Tura named after Gupta Enterprises DTDC Courier Service, Tura Super Market, Room No. 66 (O.P. No. 3) for the consignment to be delivered to M/S Elder Pharmaceutical Ltd., Guwahati. Accordingly O.P No.3 issued Docket No. D14627138, the value of the consignment was ₹ 37,890.24 P (Rupees Thirty seven thousand eight hundred and paise twenty four) only. Docket No. issued by the O.P. No.3 along with invoice showing the total value of the consignment at ₹ 37,890.24 P are Exhibited as Exhibit I.

4.     That finding unusual delay the complainant reminded the O.P. No.3 verbally several times about non-receipt of the consignment by the addressee firm at Guwahati, but the O.P No.3 did not respond to his reminders. There upon complainant wrote a letter on 01-09-2014 to O.P. No.2 (Area Office) and the said letter has been exhibited as Ext 2.

5.     That neither the Branch Office, Tura nor the Area Office, Guwahati i.e. O.P. No.3 and O.P. No.2 respectively responded to the queries, both oral as well as written, made by the complainant. Finding no response from the O.Ps the complainant’s Lawyer Smti. Silme D Marak issued a Legal Notice on 28-10-2014 (but registered on 06-11-2014) to all the three O.Ps indicating the details and directing them to cause an urgent enquiry into the matter and to ensure that either the consignment is delivered to the consignee or alternatively a sum of ₹ 37,890.24 P only be refunded to the complainant along with the courier charges within one month from the date of receipt of the Legal Notice and Legal Notice dtd. 28-10-2014 has been enclosed as Annexure- IV.

6.     From the evidence adduced it is seen that the case is maintainable as the complainant has filed the instant complaint within the period of limitation as enshrined in section 24 A of Consumer Protection Act, 1986 as amended up to date. The O.P. No.3 is having a Branch Office at Tura Super Market in Room No. 66 from where the O.P. No. 3 carried for business for gain within the local limits of this Forum and as such this District Forum finds that it has the jurisdiction to adjudicate the present proceeding.

7.     It is seen that there has been deficient and negligent service on the part of the O.P.s in failing to deliver one case of Medicine which is to be delivered to M/S Elder Pharmaceutical Ltd., Guwahati, which has been booked by the complainant on 16-12-2013 with DTDC branch at Tura named Gupta Enterprises, DTDC Courier Service, Tura Super Market, Room No. 66 (O.P. No. 3) which is evident by the Docket No. D14627138, which shows the value of the consignment was ₹ 37,890.24 P (Rupees Thirty seven thousand eight hundred and paise twenty four) only along with invoice showing the total value of the consignment at ₹ 37,890.24 P which are Exhibited as Exhibit I issued O.P No.3 The unusual delay by the O.Ps and reminders to the O.P. No.3 about non-receipt of the consignment by the addressee firm at Guwahati and the non-response to his reminders and letters is evident by letter dated 01-09-2014 to O.P. No.2 (Area Office) Ext 2 and Legal Notice dtd. 28-10-2014 to all the O.Ps (Annexure- IV). The claim of the complainant stands unrebutted as the case has proceeded exparte since O.P.s never bothered to contest the case.  

7.     Now coming to the relief claimed by the complainant. The complainant had prayed for the following :-

That the O.Ps be directed to pay the entire value of the consignment Amounting to ₹ 37,890.24 P only besides Courier charges amounting to ₹150/- along with 9% P.A. w.e.f 16-12-2013, i..e the day the consignment was booked at Tura.

This Forum finds that it is clearly established that the Complainant has suffered loss of due to the none delivery of the consignment.

A sum ₹ 10,000/- be awarded as compensation for damage, for mental harassment, torture and agony to the complainant due to non delivery of the consignment to the consignee in time.

This Forum finds that mental harassment, agony and inconvenience has been caused to the Complainant which is uncalled for due to the none delivery of the consignment as such a sum ₹ 5,000/- be awarded to the complainant as compensation for damage, mental harassment, agony and inconvenience.

A sum of ₹5,000/- be awarded for cost of the litigation and further relief (s).

This Forum finds that as the Complainant was compelled to seek legal recourse for getting his relief due to the deficient and negligent service on the part of the O.P.s, as such, a sum of Rs. 2,000/- is  awarded to the Complainant for cost of the litigation.

Accordingly the O.P No.3 is directed to pay the sum of ₹ 37,890.24 P +₹150/-₹ 5,000/- + 2,000/- = Rs. 45,040.24 alongwith interest at a rate of 9% per annum from the date of filing i.e.  26.08.2016 till the date of payment thereof which is to be paid by the O.P. No 3 Gupta Enterprises, D.T.D.C. Courier, Service, Tura Super Market within a period of 45 days from the date of receipt of this order.

With the above case is accordingly disposed off.