Ms. Nipur Chandna, Member

The complainants are the consignee of the letter/documents sent by the consignor Sh. Ashok Kumar Srivastav vide Reference No. 114837061 & 114837063 both dated 21.7.2011.  Both the letters allegedly sent and addressed to the complainants have never reached them and they have  never acknowledge the receipt thereof.

    It is alleged by the complainants that the non-service of the letters upon the complainants amounts to deficiency in services on the part of the OP. Hence this complaint.  

     The OP has contested the complaint and has filed a written statement.  It has stated that the present complaint is wrong, false, frivolous, bogus and concocted.  It is also claimed that the complainants have no locus standi to file the present complaint. It is also stated that the consignment was subject to terms and conditions as mentioned on the consignment receipt. It has also stated that the liability of the courier co. for the loss or damage to the consignment in transit etc. cannot be more than Rs.100/- for each domestic consignment.

       The complainant has filed rejoinder to reiterate the facts as pleaded in the complaint.

 The complaint has filed evidence by way of his affidavit.  He has relied upon the documents annexure 1 consignment receipt and legal notice sent to the courier co. and its postal receipt as Annexur 2 & 3.

     Sh. Arvind Varshney, General Manager of the courier has filed affidavit.

     We have heard Ld. Counsel for the parties and have examined the record.

     The complainant has placed on the file the receipt of the consignment note which is as Annexure 1, the same have not been denied by the courier co. (OP).  The OP is the service provider which services is meant for both the consignor and consignee who may be having mutual interest and obligation.  The complainant are the beneficiaries of the consignment and as such non-delivery thereof amounts to deficiency in services on the part of the OP.  Since the consignment receipts have been admitted by the OP.  So the delivery of the consignment to the addresses was the duty of the OP and failure to discharge the same amounts to deficiency in services.  We hold the OP guilty of deficiency in services.  

     The courier CO. has drawn our attention towards the note as mentioned on the face of the consignment receipt.  The liability for non-delivery or damage of the consignment has been restricted to Rs.100/-  It is contended that since the complainant has relied upon the consignment receipt, therefore he is also bound by the terms and conditions as mentioned on the same.  However it has to be kept in mind that the complainant has suffered harassment pain and mental agony due to the act of deficiency on the part of the OP.  Consequently, the complainant is also entitled for the compensation for harassment, pain and mental agony.

     Under these circumstances, we allow the complaint with the following direction to the courier company i.e. M/s Blazeflash Courier Ltd. to comply with:-

1. To pay to the complainants Rs.100/- each for non-delivery of the consignment.

2. To pay to the complainants Rs.3000/- (Rupees Three Thousand Only) each as compensation for causing harassment pain and mental agony.

3. To pay to the complainant a sum of Rs.2500/-(Rupees Twenty Five Hundred Only)

          The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

Copy of the order be made available to the parties as per rule.  File be consigned to record room.

Announced in open sitting of the Forum on.....................