Date of Order : 30.06.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to pay Rs. 5,000/- as Compensation.
- To direct the opposite party to pay Rs. 3,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he with his family had gone to visit some religious places for worship such as Badrinath, Kedarnath and he returned on the first week of November 2012. Thereafter, the complainant visited the office of opposite party on 21.11.2012 with packet of Prashad for sending the same to Chandigarh. Opposite party had agreed and he had charged Rs. 80/- for delivery the aforesaid packet of Prashad to addressee at Chandigarh. The opposite party after receiving the aforesaid amount of Rs. 80/- gave a receipt which has been annexed as annexure – 1. The complainant was assured by opposite party that packet will be delivered within 7 ( seven) days to the addressee.
It is further case of the complainant that when after lapse of several days, the aforesaid packet was not delivered to the addressee, then he visited the office of opposite party on 03.12.2012 and lodged complaint because the aforesaid Prashad was not delivered to Chandigarh. Again on 11.12.2012 the complainant lodged a complaint to opposite party about non – delivery of Prashad to addressee. Thereafter opposite party misbehaved with the complainant and hence this complaint was filed.
From record it appears that on behalf of opposite party a vakalatnama was filed on 27.09.2013 but when after allowing several opportunity to file written statement, the same was not filed then the opposite party was barred from filing written statement and this case was heard ex – parte.
It goes without saying that the aforesaid fact has been asserted by complainant on oath and there is no counter version of the fact asserted by the complainant.
Thus, we have no option but to accept the fact asserted by the complainant on oath which clearly discloses deficiency on the part of opposite party.
For the reason stated above we direct the opposite party to return Rs. 80/- ( Rs. Eighty only ) to the complainant within the period of two months from the receipt of this order or certified copy of this order failing which opposite party will pay 10% on the above said amount of Rs. 80/- ( Rs. Eighty only ) till its final payment.
Opposite party is further directed to pay Rs. 1,000/- ( Rs. One Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member Member(f) President
