Orissa

Cuttak

CC/53/2020

Bhanu Prakash Mishra - Complainant(s)

Versus

DTDC Express Limited - Opp.Party(s)

A Suhail & associates

20 Sep 2022

ORDER

 

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                                   C.C.No.53/2020

Bhanu Prakash Mishra,

S/O:Rajani Kanta Mishra,Residing at MIG 85,

Sector-7,OYO Rooms Lane,Cuttack,Odisha-753013.                  ... Complainant.

 

                                                Vrs.

1.        DTDC Express Limited

16/6,Telephone Exchange road,Samalkha,

New Delhni-1000373.

 

2.        DTDC Courier,

RZ-86 Raj Nagar Part-1,

Palam Colony Main Road,near HDFC bank,

Palam Metro Gate,Street No.2,Palam,

New Delhi-110045.

 

3.       DTDC Cuttack Main Branch,

Jagatpur,Cuttack-754021.                                 ... Opp. Parties.

                       

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    20.07.2020

Date of Order:  20.09.2022

 

For the complainant:          Mr. Afraaz Suhail,Adv. & Associates.

For the O.Ps               :          Mr. D.P.Dhal,Adv. & Associates.

 

Sri Debasish Nayak,President                                  

            Case of the complainant as made out form the complaint petition in short is that the complainant had parcelled certain articles through O.P No.2 with consignment no. D71516076 and on 6.5.20, the said parcel was delivered through O.P No.3 but the receiver of the said parcel found that some of the articles were missing from the consignment.  The commodities were of 45 kgs. in weight those which were parcelled through the O.Ps vide consignment no.D71516076.  The complainant had paid the total demanded amount of Rs.11,918/- to O.P no.2 out of which a sum of Rs.10,918/- was paid through Google link bearing phone no.08882060685 and the remaining amount of Rs.1000/- was paid through cash by him.  The complainant was not given any receipt to that effect.  When the receiver had gone to receive the product from O.P No.3, he was asked to pay further for 40 kgs. of more weight of articles.  The consignment was tampered illegally before delivery by the O.Ps.  It is for this, the complainant has filed this case claiming a sum of Rs.45,000/- towards compensation for his mental agony and suffering, a sum of Rs.10,000/- due to the financial damage caused to him for the loss of some of the articles and also a sum of Rs.30,000/- towards his litigation cost.  All these he has demanded from the O.Ps in this case with a further prayer for any other reliefs as deemed fit and proper.

            He has filed xerox copies of certain documents to prove his case.

2.         On the other hand, all the O.Ps have contested this case wherein they have urged that the case of the complainant is not maintainable which is liable to be dismissed.  According to them, no article of the complainant was missing and the consignment was rather successfully delivered without any harassment or extra charge.   Thus, they had not practised any unfair trade, there was no deficiency in service by them and for which they have urged to dismiss the case with exemplary cost.

3.         Keeping in mind the averments in the complaint petition and that of the written versions, this Commission is of a view to settle the following issues in order to arrive at a proper conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

            ii.         Whether there was any deficiency in service on the part of O.Ps?

            iii.        Whether the O.Ps had practised unfair trade?

            iv.        Whether the complainant is entitled to the reliefs as claimed?

 

Issues no.ii & iii.

            Issues no.ii & iii being the two pertinent issues taken up together first for consideration here in this case.

            After going through the averments of the complaint petition, the annexures of the copies of the documents as filed together with the contentions of the written version, this Commission comes to a conclusion that infact the complainant had consigned certain articles through the O.Ps vide consignment no. D71516076 which was delivered.  The documents as available in the record also goes to show as regards to the payment made by the complainant to the O.P No.2 to the tune of Rs.11,918/-.  The allegation of the complainant is that some of the articles were missing and the receiver of the articles was asked to pay for 40 kgs. of more articles which was not paid by the complainant.  In this score, while going through the available documents in the case record it is noticed that there is not a single scrap of document to establish the same as alleged by the complainant.  Thus in absence of any cogent evidence, this Commission cannot simply arrive at a conclusion that there was unfair trade practised and deficiency in service committed by the O.Ps here in this case.  Accordingly, these issues are answered.

Issues no.i & iv.

            From the above discussions, it can never be said here that the case as filed by the complainant is maintainable and the complainant is entitled to any of the reliefs as claimed.  Hence it is so ordered;

 

                                                             ORDER

            The case is dismissed on contest against the O.Ps and as regards to facts and circumstances of the case without cost.

Order pronounced in the open court on the 20^th day of   September,2022 under the seal and signature of this Commission.           

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                                                                                                                                                               Sri Sibananda Mohanty

                                                                                                                                                Member