Complainant’s case as alleged in short is that he had sent a consignment through the OP being consignment No. K52755930 from Siliguri to Alipurduar to one Sri Krishna Kanta Das on 03.12.2021 and for this an amount of Rs.280/-(Rupees two hundred eighty) only was charged by the OP for this consignment.
On 06.12.2021 as the complainant had downloaded “My DTDC” App from Google Play Store to track the consignment, then complainant saw that against the said consignment, charge was written as Rs.110/- (Rupees one hundred ten) only in the website of O.P. Thereafter seeing this price difference of Rs.170/- (Rupees one hundred seventy) the complainant put his consignment details on “My DTDC” App to cross check the price for sending the said consignment and the complainant had seen that Rs.280/- (Rupees two hundred eighty) only might be charged for by air transit of the consignment. However there is no air route from Siliguri to Alipurduar.
On 06.12.2021 the complainant called the Customer Care number of the OP which is 7305770577 and narrated the whole issue. From the Customer Care it was confirmed that the said consignment went to Alipurduar by road and further from the Customer Care only one Email ID was provided to the complainant to raise this issue, which was Thereafter, on 07.12.2021 one Sri A. Mukherjee, Customer Success Team of the OP-Company replied to the Complainant and assured that necessary steps will be taken from their end.
On 08.12.2021 again one email came from Sri A. Mukherjee, Customer Success Team of the OP company and in that email a few things were asked for. Accordingly, on 08.12.2021 the complainant had sent all the necessary details along with screenshots and photographs to Sri A. Mukherjee. In the said email, the complainant mentioned that if the OP does not refund the excess amount along with compensation for unfair trade practice, the complainant will file Consumer Case against the OP.
After this email by the complainant, the OP did not respond at all.
In these circumstances, the complainant has been constrained to file this present complaint for the redressal of his legitimate grievances.
The cause of action of this complaint arose on 03.12.2021 when the complainant sent the said consignment through the OP and the OP charged an amount of Rs.280/- (Rupees two hundred and eighty) only for the same and the same continued as the complainant contacted the Customer Care and the same further continued as there has been email communications between the complainant and the OP and the same is continuing till date. In these circumstances the complainant has prayed for the followings reliefs:-
A direction to be given to OP to return the excess amount of
Rs.170/-(Rupees one hundred and seventy) only to the complainant.
A direction to be given to OP to pay a sum of Rs.2,00,000/-
(Rupees two lakh) only for mental and physical harassment of the complainant.
A direction to be given to OP to pay a sum of Rs. 2,50,000/-(Rupees two lakh and fifty thousand) only for doing unfair trade practice to the complainant.
A direction to be given to OP to pay a sum of Rs. 20,000/-(Rupees twenty thousand) only for litigation expenses to the complainant.
Any other relief/reliefs which the complainant is legally entitled.
In this complaint case OP has not turned up to contest this case,
so, the complaint has proceeded ex-parte.
POINTS FOR CONSIDERATIONS
Upon considerations of the allegations made in the complaint and documents filed and evidence adduced following points are required to be considered.
- Is the complainant a consumer under C.P. Act?
- Is the complaint maintainable?
- Is there any deficiency of service or unfair trade practice or negligence on the part of OP as alleged?
- Is the complainant entitled for the relief or reliefs as prayed for?
DECISION WITH REASONS
All these points are taken up for discussions together as each are inter related.
So far as point to decide a consumer is considered, it appears from oral as well documentary evidence that complainant has hired services of O.P by booking a consignment from Siliguri to Alipurduar on 03.12.2021 by paying an amount of Rs.280/- for which he has also filed the receipt, so complainant is a consumer under the Consumer Protection Act as such point no.1 is decided accordingly.
Now lets us consider about the maintainability of the complaint. From the complaint it appears both sides are within jurisdiction of this commission and cause of action has also arisen within jurisdiction of this commission. The receipt filed by the complainant shows O.P has charged Rs.280/- for the consignment from Siliguri to Alipurduar. It is also clear that there is no air service from Siliguri to Alipurduar. The track receipt shows that consignment has been booked on 03.12.2021 at Siliguri and has reached to Alipurduar on 06..12.2021 which is also indication that consignment has no air route.
There is no doubt that Siliguri to Alipurduar is domestic service. Complainant has filed print out copy of domestic charges of O.P for consignment and it shows Rs.240/- for Air cargo and Rs.110/- for multimodal delivery of small parcels across India and charges for Ground express is Rs.150/- Thus there is no such rate of Rs.280/- to be charged. This conduct for charging higher prices amounts to unfair trade & deceptive practices as well as deficiency in services also. Thus for these reasons complaint is maintainable and this commission has jurisdiction to entertain such complaint and the complaint is maintainable.
Now let us see the communication between the parties in this respect. It appears that on 06.12.2021 the complainant has sent to O.P an email for refund of excess charge claim narrating the incidents and has requested to return balance amount and if not he will proceed for recovery. Thereafter DTDC support team has replied to email narrating that a support team will review request and will communicate the same. Thereafter again on DTDC customer support team has communicated to the complainant for apology for incident and will take necessary step and will also investigate the matter. Thereafter O.P has sought for further documents which has been sent by complainant including price charges reference but it has been complained by complainant that nothing has been done by O.P which compelled him to file this case.
During argument complainant has drawn attention that though O.P did not appear in this commission but Ld. counsel of O.P who conduct cases of O.P informed him that O.P could pay Rs.30,000/- only as such he has mentioned it but later O.P has became silent so at least such amount should be paid to the complainant though the complainant has prayed for other reliefs also.
It may be mentioned that Sec.39 of The Consumer Protection Act, 2019 as amended has cast a duty upon this commission for issue of directiond. In this complaint it appears that O.P has charged excess of Rs.170/- from the complainant which has not been returned yet. Further for this reason complainant has to make correspondences taking mental pain and agony and at last has to file this case, so he must be compensated by the Opposite party.
So, considering all these circumstances this commission is of the view that the complainant should get return of Rs.170/- forthwith and also the compensation amount for such harassment, mental pain & agony suffered to file this complaint. Hence, the complaint succeeds but considering the entire circumstances the complainant is entitled for part relief. Thus all the points are considered and decided accordingly.
Hence, it is,
O R D E R E D,
that, The consumer case no. 96(S)2021 is allowed ex-parte. The Opposite party is directed to return Rs.170/- to the complainant within two months from the date of this Order failing which the complainant shall be entitled to receive interest @12% p.a from the Opposite party till the realization of the amount.
The Opposite party is further directed to pay compensation amount of Rs.30,000/-(Thirty thousands) within two months from the date of this Order to the complainant failing which the complainant shall be entitled to receive interest @12% p.a till the date of realization.
In default the complainant shall be at liberty to execute the order as per law.
Let a copy of this order be provided to the complainant free of costs.
