Order-12.

Date-06/05/2015.

In brief the complaint case is that complainant booked a parcel containing documents and books vide Docket No. 417335042 dated – 26.07.2014 to deliver to his daughter at Ahamedabad and assured delivery date as committed by them in their Docket slip dated 01.08.2014.  But the consignment did not reach on 01.08.2014 and for several persuasions op finally delivered to the daughter of the complainant at the evening of 16.08.2014 and for which complainant’s daughter suffered much in the year examination and for the laches and negligence on the part of the op for undue delay in delivery of documents after lapse of 15 days, complainant’s daughter suffered much and for which complainant prayed for compensation, refund of paid amount etc.

          Notice was duly served upon the ops, but ops filed written statement stating that as per clause if any dispute arises in the Docket shall be referred to an arbitrator to be nominated as sole arbitrator to arbitrate by the op at Secunderabad and the entire case is false and frivolous but it is admitted that consignment was booked through op no.1 26.07.2014 vide that Docket and the said consignment was destined to be delivered at Ahmedabad.  But at the time of booking, complainant was suggested for airway booking, but it was not accepted and no such delay was caused for delivering the said article and delivery was made by air ways made by roadways as because roadways condition was very bad.  So, such a mere delay was found but that is not the fault of the op, though op tried to deliver within urgency date of delivery.  But the receiver was not available in time.  Op admitted that four times he tried to deliver but non-availability of the receiver.  So, the delivery was delayed and for which the complaint should be dismissed.

                                                    Decision with reasons

          After considering the complainant and written version and also the material documents, it is undisputed fact that the consignment of the complainant was booked by the op and op assured that it shall be delivered by 01.08.2014, though it was booked on 26.07.2014.  As per consignment note, Docket delivery date was on 01.08.2014.  But it was delivered on 16.08.2014.  Op has failed to produce any paper to show that consignee was not available at the time of delivery and fact remains that op has tried to convince that road condition was bad.  But it is known to all that all over India road condition is bad.  But when op committed that he shall have to deliver it on 01.08.2014 in that case if it is not delivered, in that case it is the fault on the part of the op and invariably services was not properly rendered and reasons for seven days delay as explained by the op is not entertain able in view of the urgency of the said delivery and for which we are convinced to hold that no doubt complainant suffered much and his daughter has also suffered much in her examination.

          Considering all the materials we are convinced to hold that ops no doubt did not render proper service for which some compensation should be allowed considering the entire fact and truth is that private courier shall be more careful in future in this regard and one after another allegations in this Consumer Forum are being filed against those ops but ops are found always reluctant.

          In the above circumstances and considering the negligence and deficiency on the part of the op, we are allowing this complaint by giving compensation of Rs. 2,000/- and litigation cost of Rs. 5,000/-.

          Thus the complaint succeeds.

          Hence, it is

                                                              ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs. 500/- against the ops.

          Ops jointly and severally are directed to pay compensation of Rs. 2,000/- to the complainant for causing mental pain, harassment and agony of the complainant and also for not rendering contractual service within the stipulated date.  So, ops jointly and severally are directed to pay a sum of Rs. 2,500/- in total (i.e. Rs. 2,000/- compensation and Rs. 500/- litigation cost) to the complainant within one month from the date of this order failing which for non-compliance of the Forum’s order, penal interest  at the rate Rs. 100/- per day shall be assessed till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum by the op.  But even if it is found that ops are unwilling to comply the order, in that case, penal proceeding shall be started against them for which further penalty and fine shall be imposed.