BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 212 of 2018
Date of Institution : 09.08.2018
Date of Decision : 30.07.2019
Surinder Kumar aged about 62 years son of Sh. Kundan Lal, resident of Surinder Bartan Wala, Main Bazaar near Gandhi Chowk, Mandi Dabwali Distt. Sirsa.
……Complainant.
Versus.
Madhur Courier Service near Railway Fatak near OBC Bank, now near Jindal Photostat, near Old post office & Girls School, Mandi Dabwali Distt. Sirsa, now at shop no.39 R.S.D. Colony Near Janta Hospital, District Sirsa.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA…… PRESIDENT.
SMT. SUKHDEEP KAUR……… MEMBER
Present: Sh. Surjit Singh, Advocate for complainant.
Opposite party exparte.
ORDER
In brief the case of complainant is that on 23.6.2018, the complainant had gone to “Salasar Dham” for religious purpose and on 26.6.2018 he had taken Parshad from the Salasar Dham. On 26.6.2018, the complainant had sent the above said Parshad of Besan Barfi of 2 Kg. each packet to his son in law Tajinder Kumar Jaitsar (Rajasthan) and to another son in law Sh. Satish Kumar at Gharsana through courier service of op and op issued two receipts dated 26.6.2018 and received Rs.150/- per packet i.e. Rs.300/- for both the parcels. That said parcels did not reach at its destinations. It is further averred that complainant approached to the op and enquired about it and then op asked that same will be reached within a day or two but when the said parcel did not reach after several days, then complainant again visited to the op. The op started to put the matter off with one pretext or the other but the said parcels have not reached at destination till today and the op has flatly refused to hear the complainant and also started to threaten the complainant. In this way, the op is negligent in his service and has harassed the complainant. Hence, this complaint.
2. Notice issued to the opposite party received back with the report of refusal and none appeared on behalf of opposite party and as such, the op was proceeded against exparte.
3. The complainant has tendered his affidavit Ex.CW1/A and documents Ex.CA and Ex.CB.
4. We have heard learned counsel for the complainant and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has reiterated all the averments made in the complaint. He has also placed on record courier receipts issued by the opposite party dated 26.6.2018 Ex.CA and Ex.CB. It is proved on record from the evidence of the complainant that complainant has sent packets of Parshad which is evident from the receipts Ex.CA and Ex.CB but same has not been delivered to the addressee by the op due to reason best known to them. The op has failed to appear before this Forum rather opted to be proceeded against exparte. As such the evidence led by the complainant goes as unchallenged and unrebutted. So, the complainant has proved his case against the opposite party.
6. In view of above, we allow this complaint and direct the opposite party to pay lump sum amount of Rs.5000/- as composite compensation and litigation expenses to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @7% per annum on the above said amount from the date of order till actual payment. A copy of this order be supplied to the parties free of cost. File be consigned to record room after due compliance.
Announced in open Forum. Member President,
Dated:30.7.2019. District Consumer Disputes
Redressal Forum, Sirsa.
