DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.139/2017

Shri Dilip Kumar Meetei Takhellambam,

S/o T. Chandrababu Meetei,

R/o 1726, Ground Floor, Room No.1,

Rishi Gali, Kotla Mubarakpur,

New Delhi-110003.

                                                                                      ….Complainant

Versus

India Post,

Andrews Ganj,

New Delhi-110049.                                                  ….Opposite Party

                                                            Date of Institution      : 24.04.17           Date of Order              : 03.01.19   

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

Facts of the complaint in the nut-shell are:-

1. The complainant, Shri Dilip Kumar Meetei Takhellambam booked a registered parcel though Indian Post on 08.03.2017 which was to be delivered at a address in Imphal West Manipur. 
2. The parcel did not reach the above mentioned address in the standard time given by India Post that is 15 days. Therefore, complainant went to the post office to check the status of the consignment where he was refused and instead was told to come after four days. The complainant repeatedly visited the post office to check the status of his consignment but to no avail.
3. It is further stated that the above said parcel was meant for the marriage purpose of the complainant’s relative which took place on 31.03.2017. It is further averred that due to the undelivered parcel, the complainant not only suffered monetarily but also lost the faith and trust of the relative to whom this parcel was to be delivered.
4. The complainant repeatedly requested the OP to update him about his parcel. He was finally sent to the head office located at Nehru Place. After few days he was called to the head office and informed that the complainant’s parcel had got lost. The official of the head office insisted the complainant to claim the compensation of Rs.100/- as the cost of the parcel. The complainant was shocked as the consignment/ parcel contained contents worth Rs.55,000/-.
5. Aggrieved by the circumstances above and negligence on part of OP, the complainant approached this Forum with the following prayers:-

1. That direct the opposite party refund the paid amount of Rs.55,000/- along with interest @ 20% per  annum from the date of receipt till its realization to the complainant.
2. Award Rs.18,000/- as damages/ compensation to the complainant for providing the deficient services and for causing mental agony, pain and suffering caused to the complainant.
3. Award a cost of Rs.2,467/- towards litigation expenses in favour of the complainant and against the opposite party.

2. On receipt of the notice, OP was present in the Forum but chose not to file the written statement. Hence, OP was proceeded exparte vide order dated 14.09.2017.
3. Complainant filed exparte evidence.  The complainant reiterates whatever is stated in the complaint as well in evidence by way of affidavit. Complainant has filed the Track Complaint Status which we mark as Mark-A for the sake of identification. The complainant has placed on record cash memo exhibited as exhibit CW-1/A and the receipt of the registered parcel as exhibit CW-1/B in support of his averments.
4. Arguments on behalf of the complainant are heard and record perused.
5. Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.
6. On perusal of records and averments made by the complainant, it is observed that the complainant had booked a parcel through India Post which was to be delivered at Imphal West Manipur. When the parcel did not reach the destination, the complainant visited the post office to know the status of his consignment wherein no proper response was given to him. After repeated visits and repeated requests, all he received was the Track Complain Status wherein it was mentioned that “the bag was dispatched to Guwahti but no further status update is available for the said article”. The complainant corresponded with the India post authorities but no satisfactory answer was provided regarding his consignment. After few days, he was asked to visit the head office where he was informed that his parcel was lost and he could claim the compensation of Rs.100/- as cost his parcel.
7. Complainant has placed on record cash memo of a cloth merchant namely Shri Girraj Kumar, Sunil Kumar dated 06.03.2017 wherein he had purchased few items worth Rs.55,000/-. The complainant averred that the said items were purchased on 06.03.2017 and were sent through the parcel in question for marriage ceremony of his relative. The complainant has further exhibited the receipt issued by OP for the registered parcel which shows that the weight of the parcel was 5950 grams and the complainant had paid Rs.217/- to book the parcel.
8. From the evidence above, findings can be recorded that the complainant had purchased the said items on 06.03.2017 and booked the same on 08.03.2017 for the purpose of the marriage of his relative. The weight of parcel which is roughly 6 Kgs. Supports the version of the complainant that he had dispatched clothes purchased by cash memo Ex. CW-1/A through the parcel in question. The parcel never reached the destination causing the complainant, financial loss as well loss of face in the family.
9. Therefore, we are of the considered opinion that the OP is deficient in service. Complaint is allowed and OP is directed to pay Rs.55,000/- the total value of the contents of the parcel. Further the OP is directed to pay Rs.20,000/- by way of compensation for mental agony, harassment and legal expenses.
10. OP is directed to pay the complainant within a period of 30 days from the date of receipt of the copy of this order failing which the OP shall become liable to pay interest @ 8% p.a. on the aforesaid amount from the booking of parcel till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 03.01.19.