BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JALANDHAR.
Complaint No.303 of 2018
Date of Instt.24.07.2018
Date of Decision:-28.09.2021
Sukhpal Singh Sandhu, PHSI, Horticulture Department, Jalandhar.
..........Complainant
Versus
1. General Manager, Northern Railway, Jalandhar.
2. The Station Master, City Railway Station, Jalandhar.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Yashovar Sheanhmar Adv. Counsel for Complainant.
OPs No.1 and 2 exparte.
Order
Kuljit Singh(President)
1. The instant complaint has been filed by the complainant against OPs on the averments that he has booked a parcel through OP no.2 from Jalandhar containing Mushroom Seeds on 14.11.2017 for sending to Hazrat Nizamudin to Mr. Pankaj Kumar vide parcel way bill no. K303319 dated 14.11.2017. At the time of booking of the same, OP no.2 assured him that parcel/courier will be delivered within the time at Hazrat Nizamudin. The value of goods was Rs.7800/- and he also said original bill of Rs.7800/- to their customer at Hazrat Nizamudin through registered post after paying Rs.41/-. The payment of said courier was made to OP no.2 of Rs.360/-. Despite receiving the payment of the courier which contains seeds of Rs.7800/- was not received by customer as agreed by OPs. On the assurance of OP, the customer of the complainant also purchased/prepared the raw material for cultivating the mushroom seeds for sum of Rs.60,000/- approximately. The complainant then contacted OPs to enquire about the status of the courier but t hey informed that courier is misplaced. The courier containing seeds worth of Rs.7800/- was sent through OP no.2 on 14.11.2017 but till date same was not delivered. The complainant contacted at the office of OPs but no satisfactory reply has been given by them. Finally, they informed him that courier which has is lost during the transaction and they are not in a position to disclose about the whereabouts of the courier and goods contained in it. The complainant has hired the services of OPs and OPs are under obligation to deliver the courier/parcel in question within the time. Due to loss of the courier in question, the complainant suffered huge loss, which cannot be measured in terms of the money. Due to act and conduct of OPs, the complainant has filed the present complaint and prayed that OPs be directed to pay Rs.1,00,000/- as compensation for mental harassment, besides Rs.7800/- consignment amount + Rs.60,000/- cost of raw material and Rs.360/- as cost of courier along with 18% per annum interest from 14.11.2017 and cost of litigation of Rs.11,000/- .
2. Upon notice, Sh. G. S. Kahlon, Advocate appeared on behalf of OP no.1 but none has appeared on behalf of OP no.2 in spite of service. As such, OP no.2 is proceeded against exparte. Whereas, none has appeared on behalf of OP no.1 neither cost paid nor written statement filed, so OP no.1 is also proceeded against exparte on 15.10.2018.
3. We have heard exparte arguments of learned counsel for the complainant and have also gone through the record of the case very carefully.
4. The complainant booked a parcel through OP no.2 from Jalandhar containing Mushroom Seeds on 14.11.2017 for sending to Hazrat Nizamudin, this fact is clear from perusal of bill vide Ex.C-1 dated 14.11.2017 on the record. The value of the goods was of Rs.7800/- this is clear, vide receipt no.00643 dated 14.11.2017 on the record. Ex.C-3 is postal receipt thereof. The complainant complained about loss of the parcel to Station Master Jalandhar City vide letter Ex.C-4 on the record.
5. From perusal of entire record, it has transpired that on the assurance given by OP no.2 the complainant booked the parcel of Mushroom Seeds. The value of goods was Rs.7800/- . On enquiry was made from OPs regarding non-receipt of the courier, the complainant contacted OPs in this regard but OPs informed him that courier is advertently mis-palced. So, it is clear that lapse on the part of OPs not on the part of complainant. From record, it is crystal clear that the complainant contacted OPs in this regard. He also wrote letter to Station Master Railway Station, Jalandahr vide Ex.C-4 but no satisfactory reply was given to him. On the other hand, OPs not produced any document from which it is clear that the parcel in question delivered to the complainant. Without producing any cogent evidence or valid document from OPs, we cannot say that the parcel in question delivered to the complainant. If OPs assured the complainant that courier/parcel will be delivered within the time at Hazarat Nizamudin then it is bounden duty of OPs to deliver the same to complainant in time to his satisfaction. But OPs failed to do so. OPs failed to provide the better services to the complainant as such, they are liable to pay the cost of parcel in question.
6. Keeping in view the totality of the facts and circumstances of the case, we are of the considered view that OPs are liable to pay the cost of parcel/courier in question to complainant. Therefore, we allow the complaint of the complainant and OPs are directed to pay Rs.7800/- jointly and severally as per parcel way bill dated 14.11.2017 Ex.C-1 on the record. The complainant is also entitled Rs.2,000/- as compensation for mental harassment and Rs.1,000/- as costs of litigation.
7. Entire compliance of above said order shall be made by OPs jointly & severally within a period of 45 days from the date of receipt of copy of this order.
8. Copies of the order be sent to the parties, as permissible, under the rules. This complaint could not be decided within stipulated time frame due to rush of work.
9. File be indexed and consigned to the record room after due compliance.
Announced in open Commission
28th of September 2021
Kuljit Singh
(President)
Jyotsna
(Member)
Jaswant Singh Dhillon
(Member)
