Order No.  7  dt.  25/06/2018

        The case of the complainant in brief is that the complainant sent a consignment to his friend Mr. Sudip Kumar Raha on 14.11.2017, presently residing at 53, New Fathepura, Gold Coast Apartment, Flat No. 302, Udaipur – 313001, Rajasthan through the courier company i.e. O.p. No.-1. At the time of booking of the said consignment clerk of the complainant was informed by the O.p. No.-3 that the said consignment is to be sent on urgent basis since it contained documents i.e. PAN Card of Mr. Sudip Kumar Raha. After getting such assurance the consignment was booked by the complainant’s clerk and the necessary charge of Rs.310/- (Rupees Three Hundred and Ten Only) was paid in cash to the O.p. No.-3. After some days complainant received an information from his friend that he has not received any consignment which booked by the complainant’s clerk. The consignee thereafter contacted the O.p. No.-3 informed that the delivery was made on 04.12.2017. The complainant thereafter made query from his friend but he was informed that the deliver was not made in spite of sending the said consignment to the friend of the complainant. It was further stated that the PAN Card was required for obtaining VISA of the friend of the complainant. Because of such non delivery of the PAN Card the friend of the complainant has suffered. On the basis of the said fact the complainant filed this case praying for refund of the amount of the charges paid by the complainant as well as compensation of Rs.10,000/- (Rupees Ten Thousand Only) and litigation cost of Rs.8,000/- (Rupees Eight Thousand Only), in total of complainant’s claim of Rs.18,310/- (Rupees Eighteen Thousand Three Hundred and Ten Only).

            O.p.s   contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the O.p. run their business under the name and style of DTDC Express Limited which is constituted various franchises in the State of West Bengal and throughout India for providing better and speedy service to the customers in the field of courier service. The complainant’s clerk at the time of booking the article did not disclose that the said consignment was being sent to the addressee containing a PAN Card. Due to some technical error website online information showed the consignment being number V 40826101 successfully delivered on 04.12.2017 but actually the consignment was lost in transit and accordingly, the Management of the O.p. has taken drastic step against the delivery personnel. On the overleaf of the terms and conditions for shipment is printed and mentioned in the Column-16 that the limitation of liability which strictly limited up to Rs.500/- (Rupees Five Hundred Only) for each consignment.

On the basis of the said fact the O.p. stated that the necessary order may be passed.

       Considering the submission of the respective parties whether the following points are to be decided:-

1. Whether the complainant booked article through the courier of the O.p.?
2. Whether the article lost in transit?
3. Whether the complainants will be entitled to get any relief as prayed for?
4. Whether there was any deficiency in service on the part of the o.ps.?

Decision with reasons :-

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            Ld. Lawyer for the complainant argued that the complainant sent a consignment to his friend Mr. Sudip Kumar Raha on 14.11.2017, presently residing at 53, New Fathepura, Gold Coast Apartment, Flat No. 302, Udaipur – 313001, Rajasthan through the courier company i.e. O.p. No.-1. At the time of booking of the said consignment clerk of the complainant was informed by the O.p. No.-3 that the said consignment is to be sent on urgent basis since it contained documents i.e. PAN Card of Mr. Sudip Kumar Raha. After getting such assurance the consignment was booked by the complainant’s clerk and the necessary charge of Rs.310/- (Rupees Three Hundred and Ten Only) was paid in cash to the O.p. No.-3. After some days complainant received an information from his friend that he has not received any consignment which booked by the complainant’s clerk. The consignee thereafter contacted the O.p. No.-3 informed that the delivery was made on 04.12.2017. The complainant thereafter made query from his friend but he was informed that the deliver was not made in spite of sending the said consignment to the friend of the complainant. It was further stated that the PAN Card was required for obtaining VISA of the friend of the complainant. Because of such non delivery of the PAN Card the friend of the complainant has suffered. On the basis of the said fact the complainant filed this case praying for refund of the amount of the charges paid by the complainant as well as compensation of Rs.10,000/- (Rupees Ten Thousand Only) and litigation cost of Rs.8,000/- (Rupees Eight Thousand Only), in total of complainant’s claim of Rs.18,310/- (Rupees Eighteen Thousand Three Hundred and Ten Only).

            Ld. Lawyer for the o.p.s argued that that the O.p. run their business under the name and style of DTDC Express Limited which is constituted various franchises in the State of West Bengal and throughout India for providing better and speedy service to the customers in the field of courier service. The complainant’s clerk at the time of booking the article did not disclose that the said consignment was being sent to the addressee containing a PAN Card. Due to some technical error website online information showed the consignment being number V 40826101 successfully delivered on 04.12.2017 but actually the consignment was lost in transit and accordingly, the Management of the O.p. has taken drastic step against the delivery personnel. On the overleaf of the terms and conditions for shipment is printed and mentioned in the Column-16 that the limitation of liability which strictly limited up to Rs.500/- (Rupees Five Hundred Only) for each consignment. On the basis of the said fact the O.p. stated that the necessary order may be passed against O.p.s.

            Considering the submissions of the respective parties and the Ld. Lawyer of the O.p.s emphatically argued that due to the wrong step taken by the delivery boy the consignment could not be delivered to the addressee and the consignment lost in transit. Therefore, the complainant will be entitled to get the compensation as determined by this Forum. The Ld. Lawyer for the complainant argued that the liability as mentioned by the O.p. is not acceptable and the complainant will be entitled to get the entire claim made by him. Having regard to the submission of respective parties it is an admitted fact that the complainant booked the consignment through the O.p. courier and it is undisputed fact that the consignment was not delivered to the addressee. The complainant sent the consignment containing a PAN Card who had to suffer because of non production of the PAN Card he could not apply for the obtaining VISA. Though the complainant made out such case that the O.p. addressee wanted to apply for VISA but no substantial evidence has been produced by the complainant, in support of the contention that because of non availability of the PAN Card the friend of the complainant suffered or he failed to apply for VISA. The complainant in order to claim higher compensation made out such plea. Since the O.p. has admitted their fault and they are agreed to pay the compensation as well as necessary charges received from the complainant, therefore, we hold that if the complainant is allowed to get back the amount paid by hum towards the charges as well as compensation of Rs.3,000/- (Rupees Three Thousand Only)  and litigation charges of Rs.1,000/- (Rupees One Thousand Only) it will be just to resolve the grievance against the O.ps.

            Thus all the points are disposed of accordingly.

            Hence, it is ordered,

             That the CC No. 30/2018 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the amount of Rs.310/- (Rupees Three Hundred and Ten Only)   to the complainant along with compensation of Rs.3,000/- (Rupees Three Thousand Only)  for harassment and mental agony and litigation cost of Rs.1,000/- (Rupees One Thousand Only) within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.