Date of Filing:07-03-2018
Date of Order: 28 -10-2019
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD
P r e s e n t
HON’BLE Sri P.VIJENDER, B.Sc. L.L.B. PRESIDENT
HON’BLE Smt. D.NIRMALA, B.Com., LLB., MEMBER
Monday, the 28th day of October, 2019
C.C.No.116 /2018
Between
Krishna Murty Nagavarapu,
S/o.Buchi Raghunadham Nagavarapu,
Aged : 63 years, Flat No.106,
HIG-5, Chitrapuri Colony,
Near Delhi Public School, Khajaguda,
Hyderabad – 500104, Telangana
Mob. No.9871095860,
Mail Id. NKMURTY1954@YAHOO.COM. ……Complainant
And
Manager incharge,
Regional office, DTDC Courier, 1-11-248/1/A/B/C,
Shamlal Building, Opposite Pantaloons,
Begumpet, Hyderabad - 500116,
Telangana , Phone No.040-33004444,
Mail ID. CUSTOMERSUPPORT @ DTDC.COM
(Hyderabad regional office details as given in DTDC website) ….Opposite Party
Counsel for the complainant : Party in person
Counsel for the opposite Party : Mr. S. Pramod Kumar
O R D E R
(By Sri P. Vijender, B.Sc., LL.B., President on behalf of the bench)
This complaint has been preferred under Section 12 of C.P. Act 1986 alleging that non-delivery of consignment by opposite party amounts to deficiency of service, hence a direction to opposite party to compensate loss sustained by the complainant on account of non-delivery of consignment and to pay compensation for causing unnecessary tension for the complainant.
- The complainant’s case in brief is that he has insurance policy from LIC of India and maturity value of amount was to be paid to him by LIC District branch office at Cuttack in the state of Orissa on 15-11-2017. The complainant was asked to submit original policy, discharge voucher and cancelled cheque to the said branch for payment of maturity value. Since the original policy was lying at his address in Hyderabad he asked his son to dispatch the same with other relevant documents such as Aadhar and Pancards to the LIC branch at Cuttack. Accordingly his son booked a consignment with the said documents with opposite party on 27-11-2017 and paid requisite amount for it. The complainant secured a discharge voucher from Vijayanagar branch of LIC and after filling duly signed and sent to the LIC of Cuttack branch along with cancelled cheque on 27-11-2017 and same was received by LIC at Cuttack but the original policy document was not received by the said branch of LIC.
Complainant continuously enquired with the opposite party about the delivery of consignment booked with it by his son on 27-11-2017. After much persuasion and efforts the complainant secured tracking of opposite party and it showed that the consignment was successfully delivered. Then the complainant made enquiry with the LIC of Cuttack and learnt that the consignment was not delivered. Because of not receiving of original policy document the LIC at Cuttack branch did not pay the maturity amount for considerable period of time. The complainant requested the opposite party to deliver him with acknowledgment in proof of service of the consignment with it. Finally the manager of opposite party at Cuttack branch informed over a phone that the courier acknowledgment could not be located even after contacting the courier boy who had left the job recently. Thereafter on 5-1-2018 opposite party confirmed through their Twitter MSG stating that “ he deeply regret to inform that the consignment has not been traceable yet. Our sincere apologies for the non-delivery of the shipment and any inconvenience caused is regretted and the shipment was lost in the transit and we are on processing of FIR”.
After the opposite party confirmed the missing of consignment the complainant visited nearest LIC branch office obtained indemnity bond and stamp paper worth of Rs.100/-, notarized through an agent and dispatched along with another set of discharge voucher etc and ultimately maturity value of Rs.95,250/- was credited to his account on 2-2-2018. The opposite party by not delivering the consignment caused deficiency of service hence complainant is entitled the following amounts from the opposite party. The amount spent on telephone calls for Rs.200/- with interest on the maturity amount of Rs.95,250/- at 10% for two months which comes to Rs.1,588/-, expenses incurred for visiting the opposite party office at Hyderabad and Cuttack twice at Rs.3,500/-, refund of courier charges paid to the opposite party at Rs.200/- and compensation for causing unnecessary tension to the complainant for a period of one month at Rs.20,000/- totaling to Rs.25,388/-. Hence the present complaint.
- Opposite party though appeared did not file written version in time and a petition filed to receive the same in I.A95/2019 was allowed on terms . But opposite party failed to comply the terms and as a result petition stands dismissed.
On a consideration of material available on record the following points have emerged for consideration .
- Whether the complainant could prove deficiency of service on the part of the opposite party and entitled for the amounts claimed in the complaint ?
- To what relief?
Since there is no written version contesting the claim of the complainant same is required to be considered positively. That apart the complainant has filed eight (8) documents .
In the enquiry the complainant has filed his evidence affidavit reiterating the material facts of the complaint and also got exhibited eight (8) documents. Complainant alone filed written arguments.
Point No.1: Ex.A1 evidences booking of consignment with the opposite party and consignment contains original LIC policy document. Ex.A2 is track record and it shows that the consignment booked by the complainant on 27-11-2017 was delivered successfully. Ex.A4 evidences the written complaint lodged by complainant with opposite party either to trace out the consignment or produce the acknowledgment for the proof of service of consignment at LIC Cuttack branch. Ex.A5 extract of report of opposite party thereby opposite party expressed regrets in informing the complainant about its inability to trace out the consignment booked and rendered apologies for the same. Admittedly the consignment booked with the opposite party by the complainant side contains of original policy document whose surrender is necessary for the LIC branch at Cuttack to pay the maturity amount to the complainant. On account of this inconvenience the complainant was constrained to submit an indemnity bond and thereafter the maturity amount was paid to him. The complainant has proved the deficiency of service on the part of the opposite party. Hence the complaint is allowed. Accordingly point is answered.
Point No.2: In the result, the complaint is allowed directing the opposite party to pay a total sum of Rs.25,338/- to the complainant.
Time for compliance : 30 days from the date of service of this order.
Dictated to steno, transcribed and typed by her, pronounced by us on this the 28th day of October , 2019
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Exs. filed on behalf of the Complainant:
Ex.A1- Copy of DTDC courier receipt
Ex.A2- copy of DTDC consignment tracking report
Ex.A3 - copy of speed post receipt dated 27-11-2017
Ex.A4- copy of complaint letter dated 26-12-2017
Ex.A5- DTDC MSGS dated 26-12-2017
Ex.A6- copy of LIC policy
Ex.A7-copy of Aadhar card of the complainant
Ex.A8- copy of pan card of the complainant
Exs. filed on behalf of the Opposite party
-Nil-
MEMBER PRESIDENT
