Delhi

East Delhi

CC/1087/2013

RAVI AGGARWAL - Complainant(s)

Versus

DTDC - Opp.Party(s)

22 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO.  1087/13

 

Shri Ravi Agarwal

S/o Shri Gopal Agarwal

R/o D-18/6, Old Govind Pura

Delhi – 110 051                                                                     ….Complainant

 

Vs.

 

The Regional Manager, DTDC

Off.: U-110, Surya R.K. Building Basement

DTDC, Delhi – 110 092                                                     ….Opponent

 

 

Date of Institution: 18.12.2013

Judgment Reserved on: 22.08.2017

Judgment Passed on: 23.08.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

JUDGEMENT

          This complaint has been filed by Shri Ravi Agarwal against DTDC (OP) under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainant booked three parcels for Meghalaya through DTDC (OP), Laxmi Nagar Branch vide consignment no. Z07974421, Z07974422 and Z07974423 dated 21.11.2013.  The complainant was assured the delivery by 25.11.2013.  On 25.11.2013, when the complainant checked the status of the parcel, he was surprised that the status of the parcel was showing under transit.  On 26.11.2013, the complainant made a contact at the office of respondent, but he was shocked when their officer told that they did not made any service to Meghalaya.  He immediately personally visited the office of respondent and showed the receipt.  After long discussion, respondent asked the complainant to pay an extra amount of Rs. 2,500/-.  Since the delivery of the parcel was important, the complainant paid an extra amount of       Rs. 1,500/-.  Due to this act, the customer of Meghalaya cancelled the order due to long delay in delivery of the parcel.  Subsequently, the complainant suffered a loss in his business.  The complainant sent a mail to respondent on 03.12.2013 for compensation, but he did not get any satisfactory reply.  Thus, the complainant have stated that this act of the respondent amounts to deficiency in service and he has claimed a compensation for an amount of Rs. 50,000/- alongwith cost of litigation Rs. 25,000/-. 

3.       In reply, DTDC Courier & Cargo Ltd. (OP) have stated that contents of the consignment were not disclosed at the time of booking the consignment.  They were liable under limited liability to Rs. 100/- only.  They have admitted the booking of the consignment on 21.11.2013.  They have denied that the complainant was assured about the delivery of the consignment on 25.11.2013.  They have denied having asked Rs. 2,500/- and the complainant having paid an amount of Rs. 1,500/-.  They have denied that the customer of the complainant at Meghalaya cancelled the order to late delivery of the consignment.  Other facts have also been denied.

4.       No replication and evidence has been filed on behalf of complainant, though, opportunity was given to do so.

          On the other hand, DTDC Courier & Cargo Ltd. (OP) have examined Ms. Nidhi Mehta, Senior Legal Executive, who have deposed on affidavit.  She has narrated the facts, which have been stated in the WS.

5.       We have heard Ld. Counsel for OP as neither the complainant nor his counsel have appeared to argue.  Since, the complainant have not examined himself on affidavit, the version given in the complaint cannot be accepted.  On the contrary, the testimony of   Ms. Nidhi Mehta, Senior Legal Executive of DTDC, have to be accepted.  Since the complainant have not examined himself on affidavit and have not placed any document on record to prove the contents of the complaint, no case of deficiency on the part of OP was made out.  That being so, the complaint deserves its dismissal and the same is dismissed.  There is no order as to cost.     

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                                             (SUKHDEV SINGH)

Member                                                                               President