DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
WEST TRIPURA : AGARTALA
CASE NO: CC- 61 of 2018
Sri Bipul Sharma
S/O. Sri Naba Kumar Sharma,
Dhaleswar, Agartala,
P.S.-East Agartala,
Dist.-West Tripura .…..............…..........................Complainant.
VERSUS
1. Karnataka Corporate Office,
DTDC House,
No.3, Victoria Road,
Bangalore-560047.
2. Agartala Super Franchisee(DTDC),
DTDC, Pranab Bhawan Near Post Office Chowmuhani,
Agartala-799001(TP).
3. Kolkata,
404405, Kaji Nazrul Islam Sarani Vip Road,
Raghunathpur,
Kolkata-700059.
4. Hyderabad,
Plot Nos.6-1, Ratna Cooperative Society,
Ltd. Behind Pizza Corner,
Hyderabad-500009 …......................................... Opposite parties.
__________PRESENT__________
SRI BAMDEB MAJUMDER
PRESIDENT,
DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
WEST TRIPURA, AGARTALA.
SMT. Dr. G. DEBNATH
MEMBER,
DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
WEST TRIPURA, AGARTALA.
SRI U. DAS
MEMBER,
DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
WEST TRIPURA, AGARTALA.
C O U N S E L
For the Complainant : In person.
For the O.Ps. : Sri Bimal Deb, Advocate.
JUDGMENT DELIVERED ON: 31/01/2019
J U D G M E N T
The complainant Sri Bipul Sharma set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act 1986 complaining deficiency of service committed by the O.Ps.
The complainant's case, in brief, is that the Complainant on 09/08/2018 had booked from Agartala a birthday gift in a parcel with the O.P. No.2 DTDC Courier Service, Agartala which was assured to be delivered to the addressee Bharati S Katkar, Hakimpet, Secunderbad, Telegana. The Complainant paid Rs.480/- as consideration amount. The gift was scheduled to be delivered to the addressee on 14/08/2018 but instead of delivering on the scheduled date it reached the destination after a delay of 13 days i.e. on 27/08/2018 whereas the birthday was celebrated on 14/08/2018. It is pleaded by the complainant that the Complainant had to visit the O.P. No.2 and meet with the Manager in order to enquire about delivery of the gift. The Complainant was assured by the Manager of the O.P. No.2 that the delivery would be completed on 15/08/2018. When the Complainant found that the gift was not delivered on 15/08/2018 he sent E-mail to the customer support of the O.P. Courier Service. Even the Complainant had to approach by sending mails to the Branch Offices of the DTDC Courier at Hyderabad and Anandbagh. The Complainant alleged that due to negligent act and deficiency of service on the part of the O.Ps. the gift article had not reached in time to the destination. The Complainant suffered harassment and mental agony. He thus filed the complaint against the O.Ps. praying for compensation of Rs.50,000/-. Hence this case.
The O.Ps. have contested the case by filing written statement and denied deficiency of service on their part. The O.Ps. have admitted booking of one parcel by the Complainant from Agartala on 09/08/2018 and delivery of the same to the addressee on 27/08/2018. It is pleaded by the O.Ps. that normally from Agartala it takes 05 days time for the article to reach the destination which is situated at Secunderbad, Telegana, but in the present case due to 03 days holiday after the booking of the parcel and also in ability on the part of the delivery boy to locate the exact address of the addressee there was unintentional delay in delivery of the parcel to the addressee. The O.Ps. have denied that the parcel was assured to be delivered to the addressee on 14/08/2018.
The O.Ps. have thus prayed for dismissal of the complaint taking the plea that the O.Ps. did not commit any deficiency of service towards the Complainant.
2. EVIDENCE ADDUCED BY THE PARTIES:
In support of the Complaint, the Complainant has Examined himself as PW-1 and produced 09 documents. The documents are marked Exhibit-I series.
The O.Ps. did not adduce either oral or documentary evidence to controvert the claim of the Complainant.
POINTS TO BE DETERMINED:-
3. Based on the contentions raised by both the parties the following issues are made for determination:
(I). Whether there was any deficiency of service committed by the O.P. towards the Complainant?
(ii). Whether the Complainant is entitled to get any compensation/relief ?
4. DECISION AND REASONS FOR DECISION:
From the case record we find that there is no denial by the O.Ps. about booking of the parcel item by the Complainant with the O.P. No.2 on 09/08/2018. It is also admitted and established fact that the parcel was delivered to the addressee on 27/08/2018 though it was expected to be delivered on 14/08/2018. Admittedly there was 13 days delay for effecting the delivery. It appears to us that the delay explained by the O.Ps in their W.S. is not at all satisfactory. We find that due to the negligence of the DTDC Courier service the addressee could not get the item in time.
It is pertinent to mention here that the O.Ps. have not adduce evidence either or documentary to controvert the evidence tendered by the Complainant.
The DTCT Courier Service is expected to deliver articles speedily. People have much trust and faith on the DTDC Courier Service for quick delivery of articles but the trust was shattered by the negligent act committed by the DTDC personnel in the case of the Complainant. The DTDC can not avoid its responsibility for the negligence of their workers. This is deficiency of service by the DTDC Courier Service which had consumed 18 days to deliver the article to the addressee. The Complainant had to go to the Agartala Office of DTDC Courier Service a number of times. He had to send E-mails to the Branch Offices of DTDC at Hyderabad and Anandbagh in order to locate the parcel. The Complainant is entitled to get compensation for the deficiency of service rendered by the O.Ps. The Complainant suffered mental harassment and anxiety for the delayed delivery of parcel.
For all the fore going reasons, we find and hold that the Complainant had succeed in establishing that the O.Ps. were negligent and deficient in rendering service to him. That beings so, he is entitled to get compensation.
5. Resultantly the Complainant U/S 12 of the Consumer Protection Act, 1986 filed by the Complainant is allowed on contest. It is hereby directed the O.Ps. will pay Rs.5,000/- as compensation to the Complainant for causing mental agony and harassment together with Rs.3,000/- as cost of litigation. The O.Ps. are to pay the aforesaid compensation of Rs.8,000/-(Rs.5,000/- + Rs.3,000/-) in total with a period of 2 months from the date of judgment failing which the amount of compensation shall carry interest @ 9% P.A. till the payment is made.
ANNOUNCED
