Jharkhand

Bokaro

CC/168/2019

Gourav Murarka - Complainant(s)

Versus

Manager, Professional Courier - Opp.Party(s)

Ranjan Kumar Mishra

22 Feb 2023

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-28-12-2019

Date of final hearing-22-02-2023

 Date of Order-22-02-2023

Case No. 168/2019

Gourav Murarka S/o Gopal Murarka

R/o R.S. Financial Services, Be Pass Road, Chas, Bokaro

Vs.

1. Manager, Professional Courier,

check Post Chas, P.O & P.S.- Chas Bokaro

2. Manager, Professional Courier, 11,

New Baraduri, Opp. Durga Puja Ground,

Sakchi, Jamshedpur, Dist- East Sinhbhum,

Jamshedpur, Jharkhand

3. Professional Courier, Head Office, 203/a,

Bhumiraj Costarica, Plot No. 1 & 2, Sector 18,

Navi Mumbai, maharashtr

 

 Present:-

                             Shri Jai Prakash Narayan Pandey, President

Shri Bhawani Prasad Lal Das, Member

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. Complainant’s case in short is that he is a reputed businessman and partner of R.S. Financial Services and rendering services to its customers relating to Share Market. Further case is that on 27.05.2019 complainant sent an envelope through O.P. No.1 to EDELWEISS BROKING LTD. Jamshedpur, Jharkhand vide receipt No. BKR77744 (Chas) and said envelope was containing original share certificate of Rs. 1,00,000/- of Subir Kumar but it did not reach to its destination and inspite of repeated inquiry no satisfactory reply was given by O.Ps. hence legal notice was served on 18.09.2019 but there was no response by O.Ps. Hence this case has been filed on account of deficiency in service by the O.Ps. with prayer to direct the O.Ps. to pay Rs. 1,00,000/- for loss of share certificate, Rs. 50,000/- for harassment, Rs. 1,00,000/- for defamation in business and also Rs. 10,000/- as litigation cost to the complainant.
2. Inspite of due service of notice O.Ps. have not appeared hence vide order dt. 22.09.2022 case is being proceeded ex-parte against them.
3. To prove its case complainant has produced his evidence on affidavit and has filed photo copy of courier receipt dt. 27.05.2019, photo copy of application dt. 13.08.2019, photo copy of share certificate issued in the name of Subir Kumar and photo copy of postal receipts. On perusal of entire material available on record and evidence of the complainant on affidavit it appears that there is no material to prove that concerned envelope which was send was containing original share certificate. There is no evidence to show that concerned envelope was never reached to its destination. Said Subir Kumar about whom it is said that said share certificate was in his name has also not been made party in this case nor he has given any evidence in support of the facts of this case. There is no any evidence that the concerned article never reached at its destination. It is admitted fact of the complainant that he was using  that very service for customers for commercial purpose. In the given facts we are of the view that case is not maintainable and complainant has not proved its case for grant of relief as prayed.
4.  Accordingly this case is dismissed with cost.

 

(J.P.N. Pandey)

                                                                                      President

 

 

(B.P.L Das)

   Sr. Member

                                                                            

                  

                                                                               (Baby Kumari)

                                                                                       Member