Complainant M/s.Om Seed Store through its authorized signatory Jatin Vig has filed the present complaint against the opposite party U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party to pay Rs.35,000/-  suffered by the complainant alongwith Rs.20,000/- as compensation on account of mental and physical harassment from the hands of opposite party, in the interest of justice.

2.       The case of the complainant in brief is that the complainant is running the business of selling different types of seeds under the name and style “M/s.Om Seed Store, Sadar Bazar, Gurdaspur” and is running the shop for earning his livelihood by means of self employment. On 28.10.2017, he approached the opposite party for the processing of flowers and vegetable seeds worth Rs.35,000/- through the Courier Service of opposite party from Gurdaspur. The delivery was to be made at Mehta Seed Farms, opposite Dr.B.K.Chaudhary, Jamal Road, Patna (Bihar)-800001. The AWB No. of complainant is 101954579001 and the consignment No.101954579. The mode of service taken by the complainant was cash on delivery and the amount to be taken on delivery was Rs.22,620/-. He had paid Rs.2400/- as services charges. It has further alleged that the courier sent through the opposite party was containing perishable Goods i.e. Flowers and Vegetable Seeds, which was delivered at the Courier branch of opposite party at Patna Hub on 1.11.2017 as per the status of their online tracking record as shown on their official web-site but to utter surprise the said courier has neither been delivered on its destination nor it was returned to the complainant within the stipulated time and due to this negligent act and deficiency in service on the part of opposite party, the seeds of flowers and vegetable have become useless as their sowing period has elapsed. Due to negligence of the opposite party, the complainant has suffered a total loss worth Rs.35,000/- and further sustained the loss of his reputation and respect in his business dealing as the complainant is having good business dealing in his profession and thereby the opposite party have also caused mental and physical harassment to the complainant, as such the opposite party is also liable to pay a compensation to tune of Rs.20,000/- to complainant. On 6.12.2017 a notice was issued to the opposite party calling upon to make the payment of loss suffered by the complainant but all in vain. Thus, there is deficiency in service on the part of the opposite party.  Hence, this complaint.

 3.         Notice of the complaint was issued to the opposite party who appeared through its counsel taking the preliminary objections that the present complaint is not maintainable against the opposite party; the present complaint is bad for non joinder of necessary party as the Head office of opposite party is running the business through different branches in India; the present complaint is not maintainable as the complainant is running commercial business and the present complaint is not maintainable as the complainant has concealed material facts from this Ld.Commission as the complainant was well aware of the status of parcel. It was within the knowledge of the complainant that the parcel has been refused by the receiver. On merits, it was admitted that the complainant is running the business of selling different types of seeds under the name and style of M/s.Om Seed Store, Sadar Bazar, Gurdaspur. He is running a commercial business. On 27.10.2017, complainant approached the opposite party for processing of the parcel, but it was denied that the parcel was containing flowers and vegetables seeds worth Rs.35,000/-. The delivery was to be made at Mehta Seed Farms, opposite Dr.B.K. Chaudhary, Jamal Road, Patna (Bihar)-800 001. AWB No. of complainant is 101954579001 and the consignment No. is 101954579.  The mode of service taken by the complainant was cash on delivery and the amount was to be taken Rs.22,620/- but it was denied that complainant has paid Rs.2400/- as service charges. The total value of parcel was Rs.20,000/- and Rs.2620/- was service charges which was to be paid by the receiver at Patna. The complainant has paid nothing to the opposite party. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

 4.          Sh.Jatin Vig, authorized signatory has tendered into evidence his own affidavit Ex.C-1, authority letter Ex.C-2, Legal Notice Ex.C-3, copy of postal receipt Ex.C-4 and copy of Summary result Ex.C-5 and closed the evidence.

5.      Sh.Anil Sharma Manager/Authorised signatory of DTDC, Gurdaspur has tendered into his own affidavit Ex.OP-1 and closed the evidence.

6.      We have carefully gone through the pleadings of counsel for the both parties; oral arguments advanced by their counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the purposes of adjudication of the present complaint.

7.         Ex.C-3 is the copy of the legal notice dated 6.12.2017 and Ex.C-5 is the copy of the tracking report (history) showing that the goods had reached at the Patna Hub on 1.11.2017 and on 2.11.2017 the goods were processed and forwarded from Hub, whereas Ex.OP-1 is the sworn affidavit of Sh.Anil Sharma, Manager/authorized signatory of DTDC, Gurdaspur. In this affidavit as well as in its written statement opposite party no.1 has specifically denied that the parcel was containing flowers and vegetable seeds worth Rs.35,000/-. The delivery was to be made at Mehta Seed Farms, opposite Dr.B.K. Chaudhary, Jamal Road, Patna (Bihar)-800 001. AWB No. of complainant is 101954579001 and the consignment No. is 101954579.  The mode of service taken by the complainant was cash on delivery and the amount to be taken was Rs.22,620/- but it was denied that complainant had paid Rs.2400/- as service charges. The total value of parcel was Rs.20,000/- and Rs.2620/- was service charges which was to be paid by the receiver at Patna. The complainant has paid nothing to the opposite party.

8.         The case of the complainant is that he sent seeds worth Rs.35,000/- through DTDC Courier service but he has not produced the invoice of the same. Secondly he has alleged that he paid a sum of Rs.2400/- as courier service charges, no evidence of the same has been placed on record. Whereas the case of the opposite party is that the delivery of the parcel was to be made at Mehta Seed Farms, opposite Dr.B.K. Chaudhary, Jamal Road, Patna (Bihar)-800 001. AWB No. of complainant is 101954579001 and the consignment No. is 101954579.  The mode of service taken by the complainant was cash on delivery and the amount was to be taken Rs.22,620/- but it was denied that complainant has paid Rs.2400/- as service charges. The total value of parcel was Rs.20,000/- and Rs.2620/- was service charges which was to be paid by the receiver at Patna. The complainant has paid nothing to the opposite party.

9.     In the present case the opposite party has admitted that the total value of the parcel was Rs.20,000/- and an amount of Rs.2620/- was the service charges to be paid by the receiver at Patna. The complainant has not rebutted this fact. He has neither produced on record the receipt of Rs.35,000/- nor the receipt of payment of Courier Charges.

10.    The opposite party has neither delivered the parcel at the destination nor returned the same to the complainant till date.

11.   Failure on the part of the opposite party to deliver the parcel amounted to deficiency in service on its part.

12.     In view of the aforesaid discussion, the complaint of the complainant is partly allowed with a direction to the opposite party to refund the amount of Rs.20,000/- i.e. the value of the parcel alongwith a sum of Rs.3,000/- as compensation for the harassment undergone by the complainant and a sum of Rs.4,000/- as litigation expenses. Order be complied within a period of 30 days of the receipt of copy of the order.

13.     Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                                                                     

                    (Neelam Gupta)

                                                                                      President   

Announced:                                                   (Bhagwan Singh Matharu)

September 21, 2021                                                       Member

*MK*