Punjab

Sangrur

CC/505/2019

Bhupinder Kathuria - Complainant(s)

Versus

Madhur Courier - Opp.Party(s)

Sh.Karam Chand Sharma

04 Jan 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR.

 

                                                               

                                                Complaint No.    505

                                                Instituted on:      23.09.2019

                                                Decided on:       04.01.2021

 

 

Bhupinder Kathuria son of Shri Arjun Dev Prop. M/s.Gopal Fashion Plaza, Sunami Gate, Sangrur 148 001 District Sangrur Punjab.

                                                                                                                                  …Complainant

                                Versus

1.             Madhur Couriers, Near Manchanda Kulfi Wali Gali, Sangrur through its Proprietor.

2.             M/s. Madhur Courier Services, BO Shop No.1849/5, 3^rd Floor, Bissomal Building, Bhagirath Place, Chandni Chowk, Delhi 110 005 through its Managing Director.

3.             M/s. Madhur Courier Services, Head Office 6, Rajdev Colony, Near Haryana Dairy Berasia Road, Bhopal 462001 through its Director.

                                                                                                                                   ..Opposite parties.

For the complainant    :       Shri K.C.Sharma, Adv.

For Opp.Party No.1    :       Shri Mukesh Sharma,Adv.

For Opp.Party No.2&3:       Exparte.

 

Quorum:    Shri  Jasjit Singh Bhinder, President

                Shri V.K.Gulati, Member

 

Order by : Shri Jasjit Singh Bhinder, President.

 

1.             Shri Bhupinder Kathuria, complainant  has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant is a  consumer of the Ops by availing the services of OP number 1 on 13.2.2019 by sending a parcel containing products worth Rs.26,629/-  and the OP number 1 charged Rs.250/- as service charges for the same. The grievance of the complainant is that though the OP assured that the parcel will be delivered within two days but the same was never delivered to the complainant.  The complainant approached the Ops so many times to know about the parcel, but the Ops neither returned the parcel nor refunded the amount of Rs.26,629/- to the complainant. Thus, alleging deficiency on the part of the Ops, the complainant has prayed that the Ops be directed to refund to the complainant an amount of Rs.250/- and further an amount of Rs.26,629/- being the cost of products and further claimed compensation and litigation expenses.

 

2.             In reply affidavit, the OP number 1  has admitted that he is a service provider and on 13.2.2019 he collected a parcel from the complainant and received an amount of Rs.250/- as service charges. It is stated further that the said parcel was received by Delhi office as the parcel was for Delhi and stated further that there is no service lapse on the part of the OP.  The parcel was timely sent to Delhi branch and the same was delivered at given address. Any deficiency in service on the part of the OP has been denied.

 

3.             Record shows that OPs number 2 and 3 were proceeded against exparte.

 

4.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-6 copies of documents and affidavit and closed evidence. On the other hand, the OP number 1  has produced Ex.OP1/1  to Ex.OP1/5 affidavit and copies of documents and closed evidence.  

 

5.             We have carefully perused the complaint, version of the opposite parties and evidence produced on the file and also heard the arguments of the learned counsel for the parties.

 

6.             The learned counsel for the complainant has argued that the complainant is a  consumer of the Ops by availing the services of OP number 1 on 13.2.2019 by sending a parcel containing products worth Rs.26,629/-  and the OP number 1 charged Rs.250/- as service charges for the same. The learned counsel for the complainant further argued that the OP assured that the parcel will be delivered within two days but the same was never delivered to the complainant as such the complainant has prayed that the complaint be allowed.

 

7.             On the other hand, the learned counsel for  OP number 1 has argued that the parcel was sent to Ops number 2 and 3 and it is stated that there is no lapse on the part of OP number 1.

 

8.             As per the complaint it is stated that the complainant sent the parcel on 13.2.2019 from the shop of OP number 1 by paying the requisite amount of RS.250/- and the parcel was containing the goods worth Rs.26,629/- as per  the copy of debit note Ex.C-6 but the parcel never reached its destination.  Shri Bhupinder Kathuria complainant has also produced affidavit Ex.C-1 and deposed as per complaint. Ex.C-2 is the receipt of courier and Ex.C-3 is the copy of tracking report of Madhuri Courier Services. Ex.C-4 is the copy of emails showing that the courier was not received by the addressee. Admittedly, the complainant sent courier and  it was containing goods worth Rs.26,629/- but the courier never reached the destination.  The courier was sent through Ops number 2 and 3 as such there is deficiency in service on the part of Opposite parties number 2 and 3.

 

9.             In the sequel of above discussion, we allow the complaint and direct  OPs number 2 and 3  to pay to the complainant an amount of Rs.26,629/- being the cost of goods, Rs.250/- charged by Ops and further to pay Rs.10,000/- on account of compensation for mental tension, agony and harassment and Rs.5000/- in lieu of litigation expenses.

 

10.            This order be complied with within a period of sixty days from the date of receipt of copy of this order. A copy of this order be issued to the parties free of cost. File be consigned to records.    

                        Pronounced.

                January 4, 2021.

 

 

        (Vinod Kumar Gulati) (Jasjit Singh Bhinder)

                 Member                                 President