Punjab

Fatehgarh Sahib

CC/78/2017

Roop Naresh - Complainant(s)

Versus

DTDC Express Limited - Opp.Party(s)

Sh. R.P.S.Cheema

21 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint  No. 78 of 2017

                                           Date of institution :  08.11.2017                                    

                                            Date of decision    :  21.08.2018

Roop Naresh son of Sh. Naresh Kumar resident of House No.1537, ward No.5, Mohalla Garwa, Sirhind City, Tehsil and District Fatehgarh Sahib.

……..Complainant

Versus

1.  DTDC Express limited officer No.3, Victoria Road Bangalore-560047 through its authorized person.
2.  Paramjit Singh @ Bittu (Agent of DTDC Express) Near Bhala Sweets, Sirhind Mandi, Tehsil and District Fatehgarh Sahib.

…..Opposite Parties

Complaint Under Sections 12 to  14 of the Consumer Protection Act.     

Quorum

 Sh. Ajit Pal Singh Rajput, President                                   

 Sh. Inder Jit, Member

 

 

Present :  Sh.R.P.S.Cheema, Advocate for complainant.

               Sh. B.S.Walia, Advocate for OPs.

ORDER

 

By Inder Jit, Member

                 Complainant, Roop Naresh son of Sh. Naresh Kumar resident of House No.1537, ward No.5, Mohalla Garwa, Sirhind City, Tehsil and District Fatehgarh Sahib, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.              The mother of the complainant wanted to send "Bhai Dooj Ka Tikka" to her brother at Delhi on Bhai Dooj Festival. Accordingly, the complainant on 17.10.2017 visited office of OP No.2 and inquired about the time spent for sending "Bhai Dooj Ka Tikka".  OP No.2 assured that the same will be delivered before Bhai Dooj Festival at the given address by the complainant. The complainant handed over "Bhai Dooj Ka Tikka" to OP No.2 and also paid Rs.60/- as delivery charges. OP No.2 issued a receipt No.Z40025898 to the complainant.  But the said item was not delivered to the given address at the assured/fixed time. The same was delivered after seven days from the Festival of Bhai Dooj.  Previously also the OP No.2 never delivered the religious item on time.  The complainant has suffered huge mental tension, agony and un-necessary harassment by the act and conduct of the OPs, which amounts to deficiency in service on their part. Hence, this complaint for giving directions to the OPs to pay Rs.90,000/- as compensation for mental agony, hurt the feelings of the complainant, down the reputation, un-necessary harassment etc.

3.              The complaint is contested by the OPs. In reply to complaint, the OPs stated that at the time of booking of parcel, the complainant did not disclose that the same contained "Bhai Dooj Ka Tikka". It is further stated that DTDC Courier company is a very reputed company and their service is very fast. There is three types of service i.e. DTDC Plus, DTDC Blue and DTDC express service.  If complainant booked DTDC plus, the parcel would have been delivered on next day i.e. within 24 hours but complainant booked simple courier by paying only Rs.60/- as normal charges.  It is further stated that the complainant has not made his claim within time. As per clause 17 of the terms and conditions, "All claims in respect of loss or damage of consignment shall be made within a period of 30 days from the date of tendering a shipment to DTDC". Any claim/request received after this period shall not be entertained. Hence, there is no deficiency in service on the part of the OPs. After denying the other averments made in the complaint, OPs prayed for dismissal of the complaint.

4.              In order to prove his case, the complainant tendered in evidence his affidavit Ex. C-1, original receipt Ex. C-2, affidavit of Davinder Kumar Ex. C-3 and closed the evidence.  In rebuttal the OPs tendered in evidence affidavit of Rakesh Kumar Assistant Manager Ex. OP-1 and closed the evidence.

5.              Ld. counsel for the complainant argued that the mother of the complainant wanted to send "Bhai Dooj Ka Tikka" to her brother at Delhi on the occasion of "Bhai Dooj". The complainant got the " Bhai Dooj Ka Tikka" booked with OP No.1 through OP No.2, the agent of OP No.1.  The OP No.2, while booking the aforesaid article assured that the "Tikka" shall be delivered at Delhi before the said festival. But it reached Delhi at the given address after one week of Festival of Bhai Dooj, which caused  mental tension to the family and hurt their religious sentiments. He prayed for acceptance of this complaint while awarding adequate compensation to the complainant.

6.              Ld. counsel for the OPs argued that the reply/written arguments given by the OPs is self speaking and the complaint requires dismissal on the point of facts given in the reply/written arguments.

7.              We have gone through the written arguments, evidence placed on record and heard oral submission. We are of the view that the arguments put forwarded by the Ld. counsel for the complainant have force in it. The courier service, by its nature, is an express service and normally the articles are delivered in a day or two at the given destination. The courier company renders three types of services. The agent who booked the "Tikka" could have told the complainant to take the particular service which delivers the articles at the given destination within 24 hours from its booking. Hence, there is deficiency in service on the part of the OPs. The complainant had got the "Tikka" booked on 17.10.2017 and in the event of its late delivery at the given destination, filed this complaint on 08.11.2017.

8.              In view of the aforesaid discussion, we accept this complaint and the complainant is held entitled to Rs.5000/- lumpsum on account of compensation and litigation expenses to be paid by the OPs. This order be complied within 30 days from the date of receipt of certified copy of this order. In case the OPs fail to comply with the order within the stipulated period, OPs shall pay interest @ 9% p.a. till its realization.

9.              The arguments on the complaint were heard on 16.08.2018 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated:21.08.2018