Per Hon’ble Mr.S.R.Khanzode, Presiding Judicial Member
Heard both the advocates for the parties.
This appeal is directed against dismissal of original complaint filed by the original complainant by District Consumer Disputes Redressal Forum, Pune. The consumer complaint was bearing no.325/2008, M/s.Savdekar Brothers v/s.Manager, Professional Courier Pvt.Ltd. and another. As per statement made in the complaint one Adishakti Bidi Work, Proprietor at post Korutala, Andhra Pradesh had sent one courier through M/s.Professional Couriers Pvt.Ltd. to the complainant on 02/04/2008. Said courier was received by the complainant after 12 days and alleging deficiency in service on the part of courier service for delivering the article late, this consumer complaint is filed.
In the instant case, services of the courier company were hired by Adishakti Bidi Work, Proprietor at post Korutala, Andhra Pradesh and not by the complainant. Complainant was only at the receiving end of the courier and, therefore, for delayed receipt of the courier, he cannot file consumer complaint since he is not a consumer.
Complaint is not filed against Courier company i.e. M/s.Professional Couriers Pvt.Ltd but against the Manager of the Professional Courier Pvt.Ltd. at its Head Office and another Manager at the branch office at post Korutala, District Karimnagar, Andhra Pradesh. Both are separate, independent and distinct legal persons and distinct from their organization, namely, ‘M/s.Professional Couriers Pvt.Ltd.’ in view of the provisions of section 2(1)(m) of the Consumer Protection Act, 1986. Since the deficiency is alleged against the Courier Company and since Courier Company is not made a party and their Managers (who are not even named) cannot be held responsible for the deficiency of services rendered by the Courier Company; the consumer complaint filed as against them cannot be entertained.
For all these reasons we find no merit in the appeal. Holding accordingly, we pass following order:-
ORDER
Appeal is rejected.
No order as to costs.
Copies of the order be furnished to the parties.
Pronounced on 27th February, 2012.
