Chandigarh

DF-II

CC/180/2020

Surinder Nath Dhawan - Complainant(s)

Versus

Madhur Courier Services - Opp.Party(s)

Sagar Ratusaria/Anushikha Gupta/Sidhi Bansal/Ridhi Bansal

19 Jan 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	180 of 2020
Date  of  Institution	:	13.03.2020
Date   of   Decision	:	19.01.2022

 

 

 

 

 

Surinder Nath Dhawan, R/o House No.1235, Sector 50-B, Progressive Enclave, Chandigarh 160047

             …..Complainant

 

Versus

 

1]  Madhur Courier Services, Head Office, 82, Nasia Road, Meghdoot Hotel, Indore (MP)

2]  Madhur Courier Service, Plot No.24/9, Near Tribune Chowk, Industrial Area, Phase-2, Chandigarh 160002 through its Branch head Mr.Jagat Ram

3]  Madhur Courier Service, Zonal Office, 48, Rani Jhansi Road, New Delhi 110005 through its Branch Head Mr.NiKuj

 

    ….. Opposite Parties

 

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

SMT.PRITI MALHOTRA        MEMBER 

                    SH.B.M.SHARMA                 MEMBER

                               

For Complainant : Ms.anushikha Gupta, Advocate

For OPs         : Opposite Parties exparte.

 

PER PRITI MALHOTRA, MEMBER

         The case of the complainant in precise is that he had hired the service of the OPs whereby on 19.10.2019 he dispatched a consignment of 12 Kgs of A2 Bilona Desi Ghee (Packed in 12 Airtight Plastic Jar) through OPs to be delivered to Mr.Shiv Kumar goyal, Ayushyam, 45-A, Behind CA Building, Vishwas Nagar Institutional Area, East Delhi 110032 and paid an amount of Rs.455/- towards cost of dispatching the consignment to the delivery address (Ann.C-1). However, the said consignment did not reach to the consignee.  The complainant alleged that he enquired from OPs a number of times about the delivery of the said consignment but they did not reply and after much persuasion, the complainant was informed that the consignment had arrived in a damaged condition with receiver’s address, the ghee being spilled all over the package and that there was a foul smell coming from the same. It is submitted that the OPs failed to deliver the consignment in an intact & safe manner and when the complainant raised demand for compensating the loss of the consignment goods damaged due to act & conduct of OPs, they did not pay any heed.  The complainant also sent a legal notice to OPs (Ann.C-6) but to no avail.  Hence, this complaint has been filed alleging deficiency in service on the part of OPs.

2]       The OPs did not turn up despite service of notices, hence they were proceeded exparte vide order dated 14.10.2021.

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the complainant and have also perused the entire record and written arguments.

5]       The whole evidence placed on record by the complainant corroborates the assertions set out in the present complaint. Ann.C-1 (Page 32) is the Courier Receipt issued by OPs for delivery of the goods in question against payment of Rs.455/-.  Ann.C-2 is the Whatsapp conversation between the complainant and OP No.3 in respect of consignment in question.  Ann.C-3 is the tracking report of said consignment. The complainant sent legal notice dated 28.11.2019 (Ann.C-6) to the OPs for compensating him for the loss caused on account of damage to the consignment due to their fault, but they did not pay any heed.  

 

6]        The complainant has duly proved the case by way of corroborative evidence and also filed duly sworn affidavit in support of the allegations set-out in the complaint, which goes unrebutted and unopposed in the absence of Opposite Party.

7]       It is observed that the OPs did not come forward to contradict the allegations set out in the present complaint despite being duly served, which raises a reasonable presumption that the Opposite Parties have failed to render due service to the complainant.  

8]       From the above discussion and findings, we are of the opinion that the deficiency in service has been proved on the part of OPs. Therefore, the present complaint is allowed with direction to the Opposite Parties to reimburse/pay an amount of Rs.17,135/- to the complainant along with compository amount of Rs.3000/- for rendering deficient services which also includes litigation expense.

         This order shall be complied with by the OPs within a period of 30 days from the date of receipt of copy of this order, failing which they shall also be liable to pay additional cost of Rs.5000/-.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.   

Announced

19^th January, 2022                                                                           

                                                                                                    Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER