Sri S.K.Sahoo,President.
This is a petition filed by the complainant U/s. 12 of C.P.Act, 1986.
2. The case of the complainant is that he is an employee of Enkay Engineers & Associates,Angul ,having its branch office at Hotel Razz Complex,Angul town/ The organisation of the opp.aprty No.1 is a courier service, having its branch office at Angul and other places. On 05,08,2016 the complainant has consigned seven numbers of negotiable instruments to his boss with address P.K.das,C/O,Manoj Ku.Mishra,Adasha Noble Corporation Ltd, Room No. 407, At- Akruti Heights,Pathak Ward,Kacha Road,P.O.Bina,Dist.Sagar,M.P,having Pin- 470113 .Opp. Party No.1 in token of such receipt of consignment issued a receipt vide consignment Note No. 307153193 dtd. 05.08.2016 and received an amount of Rs. 60.00 in cash from the complainant. Document Annexure- A is the photo copy of the said consignment receipt. The said consignment has not delivered to the consigner nor returned to the consignee- complainant till date. The complainant inquired about his consignment from opp.party No.1 over telephone No. 06764- 232037 in the month of August, 2016 . The opp.party No.1 assured the complainant for the safe delivery of the consignment within a reasonable period. The complainant himself track the consignment through the opp.parties’ website and came to know that till 12.08.2016 his letter has not reached at Indore. Documents Annexure-B is the tracking report. At the time of receipt of the consignment from the complainant the opp.parties had assured to deliver the same within seven days. Hence there is deficiency in service on the part of the opp.parties.
2. Notices were issued to both the opp.parties through Regd.post with A.Ds on 08.08.2018. A.Ds of both the opp.parties are available in the case record, which shows that notices were served on the opp.parties. On 22.10.2018 the Learned counsel Sri B.K.Pradha,Sri B.C.Pradhan and Sri P.K. Dehury filed V.nam on behalf of one Malchand Rathi, the Proprietor of Rajni Communication which is not a party in this case. Inspite of service of notice on both the parties they did not choose to appear before this Forum (at present Commission) to file their written statement and contest the case.
3. On perusal of the complaint petition which is supported with affidavit it is clear that on 05.08.2016 the complainant has consigned seven numbers of negotiable instruments to his boss through opp.party No.1 who has accepted the same for delivery. It is also clear from the complaint petition that the opp.party No.1 has received an amount of Rs. 60.00 from the complainant and granted a consignment note bearing No. 307153193 . It further transpires from the complaint petition that the complainant inquired about the consignment from the opp.party No.1 and also searched the delivery of the consignment from the Web site of the opp.parties and found that it has not been delivered to the address mentioned in the consignment. The opp.parties did not appear to challenge such contains of the complaint petition and the photo copies of the documents filed by him.
After scrutinizing the materials on record it is clear that the opp.party No.1 has accepted the consignment from the complainant but failed to deliver the same to the addressee mentioned on the consignment . There is nothing on record to disbelieve the allegations made by the complaint in his complaint petition. There is gross deficiency in service on the part of the opp.parties .
4. Hence ordered :-
: O R D E R :
The case be and the same is allowed, exparte against both the opp.parties, who are jointly and severally liable . The opp.parties are directed to pay an amount of Rs.30,000.00 (Rupees Thirty Thousand) to the complainant towards compensation within a period of thirty days from the date of receipt of this order, failing which they are liable to pay interest @ 9% p.a on the compensation amount from the date of order till it is paid to the complainant.
