West Bengal

Bankura

CC/32/2024

Sarbajit Saha - Complainant(s)

Versus

IGP(INDIAN GIFTED PORTAL) - Opp.Party(s)

Sayantan Chowdhury

03 Oct 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.32/2024

      Date of Filing:  12/04/2024

Before:                                        

1. Samiran Dutta                                    Ld. President      

2. Siddhartha Sankar Bhui                   Ld. Member

 

For the Complainant: Ld. Advocate Sayontan Chowdhury

For the O.P.1: None

For the O.P.2: Ld. Advocate Sandip Chakrabarti

 

Complainant:

Sarbajit Saha,R/O-Rampur Hazra Goli,P.O&P.S&Dist-Bankura,W.B,Pin-722101,Mob-8001195430

 

Opposite Party:

1. IGP(INDIAN GIFTED PORTAL),A006,Lower Ground Floor,Kanakia Boomerang,Chandivali Firm Road,Pawai Mumbai-400072

2.BLUEDART,Bishnupur Gatait Bandh,Sonamukhi Bypass Road,(Near Bhagat Singh more)P.O-Bishnupur,Dist-Bankura,Pin-722122

 

FINAL ORDER / JUDGEMENT  

Order No.08

Dated:03-10-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he booked an order of gift item valued Rs.745/.- with O.P. No.1 on 20/03/2024through online platform to be delivered on 24/03/2024 at Bishnupur address with Pincode-722 122 on the occasion of his wife’s birthday ceremony. Within ten minutes of placing the order address change request was forwarded online to O.P. No.1 from Bishnupur to Bankura with Pincode-722 101. Though the address change was updated with O.P. No.1 but the gift item to be delivered by O.P. No.2/Courier Service reached the Bishnupur address as the address change was not duly communicated and updated with O.P. No.2. O.P. No.2 however in contact with the Complainant delivered the gift item to the nearest place at Bankura but the Complainant has to travel a long distance to receive the gift item due to sheer negligence and deficiency in service of the O.P. No.1 in communicating the updated and correct address of delivery. The Complainant has therefore approached the Commission for adequate compensation for harassment and disservice on the part of O.P. No.1.

                                                                                                                                                                                           Contd…..p/2

Page: 2

Despite service of Notice O.P. No.1 did not turn up to contest the case.

O.P. No.2 however filed a written version stating the real facts as above in Para-7 of the written version.

-: Decision with reasons:-

Having regard to the facts of the case, contention, submission, and documents on both sides the Commission finds that admittedly the gift item was initially to be delivered at Bishnupur with Pincode- 722 122 but within ten minutes  the address change request was  forwarded online to O.P. No.1 which was duly updated by O.P. No.1 as is evident from Annexure-1. But unfortunately change of address was not intimated to the delivery Agency i.e. O.P. No.2 as is evident from the submission in Para-7 of the written version of O.P. No.2.

O.P. No.2 in the good gesture of their business courtesy took pains to deliver the gift item to the nearest location without crossing the limit of territorial jurisdiction and as such they have no consumer liability in this case.

O.P. No.1 who is the Seller of the gift item is completely ignorant of the Seller’s duty of delivery of the product at the correct destination. It is not only a miscommunication but a serious negligence of duty specially when the Complainant was to receive the gift item on the occasion of his wife’s birthday ceremony.

The Complainant could not find time to cancel the order but to receive the gift item by crossing a longer distance in honour of his wife’s birthday ceremony. Such negligent act and conduct of O.P. No.1 has not only caused physical harassment but also mental agony. In fact the Complainant has received the gift of harassment from O.P. No.1 and not the gift of momento for his wife in true spirit of the fact of the case.

The Commission thinks it a fit case to award an exemplary compensation of Rs.10,000/- upon O.P. No.1 to prevent recurrence of such unpardonable act to any other customer.

Hence it is ordered…….

That the case be and the same is allowed on contest against O.P. No.2 and Ex-Parte against O.P. No.1 all without cost.

O.P. No.1 is directed to pay to the Complainant Rs.10,000/- as exemplary compensation within a month from this date in default law will take its own course.

Both parties be supplied copy of this Order free of cost.

 

    __________________                                     ________________         

 HON’BLE   PRESIDENT                            HON’BLE    MEMBER