Sandhya Pandey filed a consumer case on 04 Jul 2017 against DTDC Express Ltd., in the DF-II Consumer Court. The case no is CC/261/2017 and the judgment uploaded on 21 Jul 2017.
1. DTDC Express Ltd., DTDC House, 3 Victoria Road, Bangalore-560047 through its Managing Director.
2. DTDC Express Ltd., SCO 267, Sub City Center, Sector 35-D, Chandigarh-160035 through its Manager.
…. Opposite Parties.
BEFORE: SHRI RAJAN DEWAN, PRESIDENT
SMT.PRITI MALHOTRA, MEMBER
Argued by: Sh.Gaurav Bhardwaj, Adv. for complainant
OPs exparte.
PER RAJAN DEWAN, PRESIDENT
In brief, the complainant hired the services of the OPs for delivery of the sarees worth Rs.7076/- to her sister by paying Rs.470/- vide consignment/receipt No.F09470401 (Annexure C-1). It has further been averred that at the time of booking, she disclosed to OP No.2 that the consignment is carrying sarees, having weight of 2 kgs. However, the said consignment did not reach the destination and as such she made complaint with the OPs vide letters dated 05.03.2016 and 14.05.2016 (Annexures C-3 and C-4) but to no effect. Thereafter, she handed over the original receipt and the claim alongwith a letter dated 05.03.2016 to OP No.2 for processing the claim. It has further been averred that tracking on the website showed the consignment as delivered but actually, the same was not reached at its destination. She also demanded POD from the OPs and the details as to who had received the consignment but they failed to provide the same. According to the complainant, the employees of the OPs have probably misappropriated the contents of the consignment and put her to financial loss. She also got served a legal notice dated 15.07.2016 upon the OPs and received a reply dated 22.08.2016 vide which she was informed that the consignment is still under transit. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
Despite due service through registered post, the OPs failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 25.04.2017.
We have heard the learned counsel for the complainant and have gone through the documents on record.
In exparte evidence, the complainant has tendered her duly sworn detailed affidavit reiterating the averments as made in the complaint alongwith the documents as Annexures C-1 to C-9. As averred in the complaint, the complainant had booked the consignment with the OPs on 24.12.2015 vide Annexure C-1. However, the said consignment has not been delivered to the consignee so far despite her writing letters and serving legal notice dated 15.07.2016 upon the OPs. It is evident from the reply dated 22.08.2016 (Annexure C-9) of the OPs that the consignment in question is still under transit even after a lapse of 8 moths from the date of its booking. Non-delivery of the consignment in question after a lapse of such a long period itself suffice to come to the conclusion that either the same would have lost in transit or the same might have been misappropriated by the employees of the OPs.
Furthermore, the Opposite Parties despite due service did not care to contest the case and, as such, it can be concluded without any hesitation that either they admit the claim of the complainant or have nothing to say in the matter. Hence, the Opposite Parties are deficient in rendering the promised services to the complainant.
In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The opposite parties are directed as under ;-
To refund Rs.7,076/- i.e. the price of the sarees in question to the complainant.
To refund Rs.470/- i.e. the courier expenses to the complainant.
To pay a sum of Rs.1,500/- as compensation for mental agony and physical harassment to the complainant.
To pay a sum of Rs.3,500/- as litigation expenses.
This order be complied with by the Opposite Parties, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) to (iii) shall carry interest @9% per annum from the date of this order till actual payment besides payment of litigation costs.
Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.
Announced
04/07/2017
Sd/-
(RAJAN DEWAN)
PRESIDENT
Sd/-
(PRITI MALHOTRA)
MEMBER
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