Order dictated by:

Sh.Anoop Sharma,Presiding Member

1.         Dr.Arun Mehra, complainant  has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that complainant hired the services of the opposite party for sending very important material to its Colleague at Bhopal vide receipt No. D24874956 dated 5.3.2016. It was assured by the opposite party that the material would be delivered on or before 8.3.2016. The complainant was charged over and above the normal rates for the urgent delivery and was also assured to send the same by air. The complainant sent the said material to Sh. Vimal Rai Khanna at 306, Prabhu Nagar, Indgah Hills, Bhopal. The complainant was shocked to know when he came to know from his colleague that the said material did not reach the destination. The complainant approached the opposite party , who assured the complainant that the envelope will be reached next day. But the said material was delivered at the address on 10.3.2016 evening when the recipient left for further destination  and the said delivery of the material became unworthy. Thereafter the complainant approached the higher officials in this regard but to no avail.  The complainant has sought for the following relief vide instant complaint:-

(i)      Opposite party be directed to pay compensation to the tune of Rs. 50000/-;

(ii)     Opposite party be also directed to pay adequate cost of the present litigation.

Hence, this complaint.

2.       Upon notice, opposite party appeared and filed written version contesting the claim of the complainant taking certain preliminary objections stating therein that  all the terms and conditions were read over to the complainant at the time of booking the consignment and the complainant has accepted the terms and conditions. As such the replying opposite party is liable, in case of any damages occurred during the course of business, or late delivery to the extent of Rs,. 100/-.On merits, it was submitted  that a sealed consignment was booked with the replying opposite party on 5.3.2016. All terms and conditions were read over to the complainant at the time of booking the consignment and the complainant has accepted the terms and conditions. As such the replying opposite party is liable, in case of any damages occurred during the course of business, or late delivery to the extent of Rs,. 100/-. The said consignment was delivered on 10.3.2016. The vehicle in which the consignment was loaded remained under the custody of enforcement department and soon release of the vehicle the consignment was delivered without any delay. Remaining facts mentioned in the complaint are denied and a prayer for dismissal of complaint was made.

3.       In his bid to prove the case , Sh. Deepinder Singh,Adv. counsel for the complainant tendered  duly sworn affidavit of the complainant Ex.C-1, copy of courier  receipt Ex.C-2, copy of letter Ex.C-3 and closed the evidence.

4.       To rebut the aforesaid evidence Ms.Ranjeet Kaur,Adv.counsel for the opposite party tendered affidavit of Sh.Kanwaljit Singh, Administrative Manager Ex.OP1, copy of consignment tracker Ex.OP2 and closed the evidence on behalf of the opposite party.

5.       We have heard the ld.counsel for the parties  and have carefully gone through the record on the file as well as written synopsis of arguments submitted on behalf of opposite party.

6.       There is no denying the fact that complainant booked important documents vide Docket No. D24874956 dated 5.3.2016 addressed to Vimal Rai Khannam, 306 Prabhu Nagar, Indgah Hills, Bhopal through opposite party. The said consignment was not delivered at its destination on the date as assured by the opposite party i.e. 8.3.2016.  When the complainant came to know about the non delivery of the consignment from his colleague, he approached the opposite party, who assured that the envelope would be reached next day. But the said material was delivered on the said address on 10.3.2016 evening when the recipient left for further destination and the said delivery of the material became unworthy. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party.

7.       Whereas the case of the opposite party is that the complainant at the time of booking the consignment was informed about the terms and conditions of the opposite party. As such the opposite party is liable to pay Rs. 100/- in case of loss,damage and non delivery of the consignment to the consignee .

8.       From the entire above discussion, we have come to the conclusion that complainant booked consignment i.e. important documents vide docket No. D24874956 dated 5.3.2016  for delivery  at the address of Vimal Rai Khanna , 306 , Prabhu Nagar, Indgah Hills, Bhopal.  The opposite party assured that the consignment would be delivered on or before 8.3.2016. But the opposite party failed to deliver the consignment to the consignee at Bhopal. When the complainant approached the opposite party to know about the fate of the consignment, they assured that the consignment would be reached next day. But the said consignment was delivered  on 10.3.2016 when the recipient left for further destination and the said delivery of the material became unworthy. It is an admitted fact that the consignment was not insured . So much so even the value of the consignment was not made known to opposite party  . In such a situation, as per clause 15 of the agreement any damage to the shipment or loss, the damages will be strictly limited to Rs. 100/- for each shipment, which items include all documents or parcels consigned through consignee by the shipper. Reliance in this connection can be had on Hanish Kumar Vs. DTDC First Appeal No. 1269 of 2011 decided on 4.3.2015 ,wherein it has been laid down that the terms and conditions , which are printed on the overleaf of this receipt, are an agreement between the parties. Clause 15 is dealing with the limitation of liberty , laying down that law of DTDC for any loss or damage to the shipment will be strictly limited to Rs. 100/- for each shipment, which items include all documents or parcels consigned through DTDC by the shipper. As such, the complainant is not entitled to full value of the undelivered consignment & her just entitlement is restricted to Rs. 100/- only.

9.       From  the aforesaid discussion, it emerges that the complainant is entitled to a sum of Rs. 100/- only as against value of the shipment in dispute. However, for the negligence and deficiency in service on the part of the opposite parties, complainant is entitled to compensation to the tune of Rs. 10000/- while litigation expenses are assessed at Rs. 2000/-. Compliance of this order be made within a period of 30 days from the date of receipt of copy of orders ; failing which, complainant shall be at liberty to get the order executed through the indulgence of this Forum. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated: 6.1.2017.                                                            (Anoop Sharma)                                                                                 Presiding Member

                                                                             (Rachna Arora)

                                                                             Member