West Bengal

South 24 Parganas

CC/138/2015

Rajib Kar. S/O Chuni Lal Kar. - Complainant(s)

Versus

DTDC COURIERS AND CARGO LTD. Represented by Biseswar Chakraborty. - Opp.Party(s)

24 Sep 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

         C.C. CASE NO. _138_ OF ___2015_

 

DATE OF FILING : 23.3.2015                        DATE OF PASSING JUDGEMENT: _24.9.2015___

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya

                                                                             

COMPLAINANT             :      Rajib Kar, 1/34, Naktala , Kolkata – 47,(near Naktala High School).

 

 

-VERSUS  -

 

O.P/O.Ps                            :     DTDC Couriers & Cargo Ltd. 348/13, N.S. C Bose Road, Kol-47

                                                 (beside Naktala Post Office).

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Jinjir Bhattacharya, Member

 

            The case of the complainant, in brief, is as under:

            The complainant with intent to send a bed cover with pillow to one Mr. Trilochan Routray , well known to the complainants, bought a bed cover set with pillow for Rs.2250/- on 20.9.2014 from a shop styled Maa Karunamoyee Fashion of Kolkata and chose private courier service being the O.P for the delivery of those articles to Mr. Routray residing at Cuttack. For this purpose, the complainant packed those articles  properly and on 22.9.2014 ,the complainant met the representative of the O.P and booked the consignment vide C/N No.K73869960 for sending the articles to Mr. Routray. But after passing of about 30 days from the booking of the consignment, he came to know from Mr. Trilochan Routray that the articles sent by the complainant was not received by the said Mr. Routray. The complainant then contacted the O.P who informed that the article will reach the addressee within a week thereafter. After passing of the week, said Mr. Routray informed the complainant that he was yet to receive the same through the courier service which was booked by the complainant  . The complainant visited local office of the O.P for information about the consignment and Mr. Routray visited office of the  O.P in Orissa to get the parcel on several occasion but got only the assurance of delivery of the article to the addressee. Ultimately, the complainant sent a written complaint to the O.P on 8.11.2014 stating all the facts, but the O.P did not pay heed to that. The complainant approached Assistant Director, Consumer Affairs & Fair Business Practices at Khadya Bhavan, Kolkata  to make a complaint in the matter of dispute which was registered under Complaint Index No. 36030 of 2014. The O.P did not turn up before that authority on the date fixed for settling of the dispute. Finding no other alternative, the complainant filed the present petition of complaint under section 12 of the C.P Act, 1986 with prayer for such relief/reliefs as contained in the petition of complaint.

            Despite service of summons, the O.P did not take part in the proceedings and the case proceeded exparte against the O.P.

            The complainant filed evidence in chief, and has filed some documents as per list for facility of proper adjudication of the case. As the O.P has not dared to contest the case by filing written version  , we place full reliance upon the unchallenged evidence of the complainant.

            We find that the complainant booked a parcel with the O.P on 22.09.2014 for delivery of the same to Mr. Trilochan Routray. He bought bed cover set with pillow from Maa Karunamoyee Fashion, Naktala, Kolkata under Cash Memo no.1597 dated 20.09.2015 for Rs.2250/- . Article bought was packed and was booked from the O.P’s office at Naktala under C.N. No.K73869960 dated 22.09.2014 on payment of charges of Rs.110/- as per receipt for delivery of the article to T4rilochan Routray, Arunoday Nagar, Cuttack,753012. We find further that the complainant sent a letter through Speed Post on 10.11.2014 to the O.P’s office at Naktala informing about non-delivery of the article booked under C/N no.K73869960 dt.22.9.2014 to the consignee at destination, Cuttack and also informing about his plight and giving the O.P further time of 10 days for delivery of parcel booked on 22.09.2014. The complainant filed a letter dated 10.02.2015 of the Assistant Director, CA & FBP , South 24-Parganas Regional office directing to appear before him on 18.02.2015 for a mediation in respect of the complaint of the instant dispute. No document is forthcoming from the side of the O.P that it acted upon the complaint of the complainant and delivered the article booked to the consignee at Cuttack or returned the article to the consignee/complainant. This is a glaring instance of deficiency in service on the aprt of the O.P for which the complainant deserves compensation.

            The complainant has claimed compensation of Rs.50,000/- for non-delivery of the booked article, unnecessary harassment with mental agony and also made a prayer for reimbursement of expenditure along with cost of booked article.

            We are of the opinion that it will be justified to allow compensation to the complainant for his harassment and mental agony to the tune of Rs.10,000/- . We further hold that the complainant is entitled to reimburse cost of the goods sent through the O.P and also incidental charges.

 

 

 

 

 

 

            In light of the discussions made hereinabove, it is

                                                                                                            Ordered

That the petition of complaint under section 12 of the C.P Act, 1986 should be allowed in part and hence is allowed in part on exparte against the sole O.P.

The O.P is directed to pay compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant within 30 days from the date of this order.

The O.P is further directed to pay cost of Rs.2250/-  on account of the price of the goods purchased and booked for delivery through the O.P and cost of Rs.5000/- being incidental charges to the complainant within the same period.

All the payments have to be made by account payee demand draft in favour of the complainant.

In default, the O.P will be liable to pay interest @8% p.a on the decreetal sum from the date of default till realization.

Let a plain copy of this order be served upon the parties free of cost.

 

Member                                                           Member                                               President

Dictated and corrected by me

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

Ordered

That the petition of complaint under section 12 of the C.P Act, 1986 should be allowed in part and hence is allowed in part on exparte against the sole O.P.

The O.P is directed to pay compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant within 30 days from the date of this order.

The O.P is further directed to pay cost of Rs.2250/-  on account of the price of the goods purchased and booked for delivery through the O.P and cost of Rs.5000/- being incidental charges to the complainant within the same period.

All the payments have to be made by account payee demand draft in favour of the complainant.

In default, the O.P will be liable to pay interest @8% p.a on the decreetal sum from the date of default till realization.

Let a plain copy of this order be served upon the parties free of cost.

 

Member                                                           Member                                               President