DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 145 of 19.5.2021

                                      Decided on: 23.7.2024

Manpreet Singh aged about 47 years son of S.Harinder Pal Singh R/o village Naina Khurad, Post Office Saphera, Tehsil & District Patiala.

                                                                   …………...Complainant

                                      Versus

1. FedEx Express Courier Service, Chandivali Farm Road, Andheri East, Mumbai.
2. Mr.Gurdeep Singh, FedEx Express Courier Service, 16, New Cloth Market, Gaushala Road Opposite Sher-e-Punjab Market, Patiala.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Ms.Gagandeep Gosal, President

                                      Sh.G.S.Nagi,Member    

ARGUED BY

                                      Sh.P.S.Jaggi, counsel for complainant.

                                      OPs No.1&2 ex-parte.                               

 ORDER

                                      G.S.NAGI, MEMBER

1. The instant complaint is filed by Manpreet Singh  (hereinafter referred to as the complainant) against FedEx Express Courier Service (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. It is averred in the complaint that the complainant sent some valuable articles and some important documents to his family in the name of Jugalpreet Singh at the address 4106 Pluto Way, Union City, CA 94587, United Sates, US through the courier service of the OPs on 19.1.2021 and paid INR 6500/- to them and receipt of the said date was issued with TRK No.782761357340. Net weight of the sent items was 5.90kg.In addition to this there were important documents in the parcel/pack. The value of the total articles was near about Rs.50,000/-.
3. That the articles sent by the complainant through OPs were not delivered at the point of delivery in US. After waiting for many days, complainant contacted the OPs on 4.2.2021 in this regard through e mail in response to which the OP informed that destination team has confirmed with concerned courier that subject shipment was delivered to consignee’s correct address at front door but due to Covid-19 none of the recipient sign the package .The destination has confirmed that this was as per FedEx policy adopted for customer and as well as staff safety. Kindly check with consignee and ask to check with destination FedEx for any further quarry/requirement. After inquiry it came to notice that fake delivery has been shown. That because of the non delivery of the important documents the family of the complainant has to face many difficulties. That the complainant repeatedly approached the OPs through e-mails but of no avail. Complainant also sent legal notice dated 19.4.2021 through his counsel to the OPs for the said matter but the OPs neither delivered the parcel at destination nor paid the amount of the articles of the parcel, which is unfair trade practice adopted by the OPs. The complainant also faced mental agony and harassment due to this act of the OPs. On this back ground of the facts, the complainant has filed the present complaint with the prayer to accept the same by giving direction to the OPs to deliver the consignment at the destination or to make payment of Rs.50,000/- cost of articles/consignment; to pay Rs.50,000/- as damages for not delivering important documents  and also to pay Rs. one lac as compensation for causing mental agony and harassment to the complainant.
4. Notice of the complaint was duly served upon the OPs but they failed to appear and were accordingly proceeded against ex-parte.
5. In evidence, ld. counsel for the complainant has tendered Ex.CA affidavit of the complainant alongwith documents Ex.C1 copy of receipt dated 19.1.2021,Ex.C2 to Ex.C5 copy of list of articles purchased, Ex.C6 to Ex.C18 copies of notice and postal receipt, Ex.C19  and Ex.C20 copy of legal notice and postal receipt,Ex.C21 copy of legal notice to OP  No.2, Ex.C22 postal receipt, Ex.C23 unclaimed registered letter received back to the complainant and closed the evidence.
6. We have heard the ld.counsel for the complainant and have also gone through the record of the case, carefully.
7. The complainant is a resident of village Naina Khurad, District Patiala. The complainant had sent some documents and other valuable articles on 19.1.2021through courier service of OP No.1 having its branch office at Sher-e-Punjab Market, Patiala, being operated by Mr.Gurdeep Singh, OP No.1, and paid an amount of Rs.6500/- in this regard vide Ex.C1. The weight of the items so booked was 5.90KG as per Ex.C1. The items were to be delivered to Jugalpreet Singh i.e. son of the complainant in California, United States.
8. It is alleged that the value of the articles was approximately Rs.50,000/-.The detail of the articles so sent is Ex.C2 to Ex.C5. As the courier did not reach the destination an enquiry was made by the complainant on 4.2.2021 regarding the same from the local office,Ex.C8. In response to the said mail it was conveyed that destination team of concerned courier has confirmed that subject shipment was delivered to the consignee’s correct address at front door but due to Covind-19 none of the recipient signed the packet that was released. The destination has confirmed that this was as per FedEx policy adopted for the safety of the staff and the customer and kindly check with consignee for further enquiry requirement, as per Ex.C7. It was conveyed that this is a fake delivery as per Ex.C6. However, the complainant then reported that the recipient has not yet received the parcel at his home which he has confirmed after scanning the recording of the camera.  FedEx distributor person did not distribute anything as per Ex.C10.
9. The complainant then took up the matter vide various e-mails,Ex.C11 to Ex.C18 but nothing fruitful came out of it. Finally a legal notice dated 19.4.2021 was served upon the OPs as Ex.C19 and Ex.C21.The legal notice was duly served to OP No.1. However, the legal notice sent to OP no.2 came back with the remarks with un claimed R.T.S. dated 27.4.2021.The complainant has as such prayed that there is deficiency in service on the part of the OPs and the complaint be allowed and the OPs be directed to make the payment of Rs.50,000/- as costs of the articles and also to pay compensation for harassment and cost of litigation.
10. We have gone through the averments of the complainant and evidence produced on record, carefully.
11. Complainant had booked certain articles for delivery to his son in U.S.A. through the courier service operated by OPs No.1&2 as per Ex.C1 for a consideration of Rs.6500/-.The actual weight of the articles was 5.90K.G.The complainant  has produced invoices of the articles so booked as per Exs.C2 to C5.The total cost of the invoices comes out to be Rs.20970/-.As such the averments of the complainant that articles worth Rs.50,000/- were booked are not justified. It is also a fact that the period during which the articles were booked was pertaining to the period of Covid-19 Pandemic when all types of services were affected. The evidence produced on record by the complainant had gone un rebutted by the OPs as the OPs failed to appear and defend the case inspite of service having been made to the OPs. We are of the opinion that the courier was never delivered to the son of the complainant in USA as the OPs have failed to give any authentic confirmation about the same to the complainant even during the exchange of the mails as brought on record by the complainant from Exs.C6 to C18.
12. Keeping in view the discussion above, we partly allow the complaint and direct the OPs jointly and severally to compensate the complainant for the loss suffered by him to the tune of Rs.20970/- alongwith courier fee of Rs.6500/-, totaling Rs.27470/- with interest @6% per annum from the date of booking till realization. The OPs are also burdened with Rs.5,000/- to be paid to the complainant as compensation and litigation expenses. Compliance of the order be made by the OPs within a period of 45 days from the date of receipt of certified copy of this order.    
13.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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                                              G.S.Nagi                       Gagandeep Gosal

                                              Member                          President