This is a case U/s 12 of the Consumer Protection Act, 1986 filed by the complainant with the prayer directing the O.Ps./ Courier Service to refund the charge of Rs.35/- for the courier service along with 9% interest from the date of complaint. The complainant further prays for compensation to the tune of Rs.50,000/- for unnecessary harassment and deficiency in service and litigation cost of Rs.5,000/-.

The case of the complainant in brief is that the complainant Nehru Yubo Kendra represented by the Officer-in-charge of Raiganj office, Nikhil Chandra Chanda filed this complaint sends an envelope containing vital papers and official documents to its Regional Office, Kolkata on 07.10.2013 through O.P. No.2, local agent/ collector of the O.P. No.1. The said letter was never delivered then he on several occasions contacted the O.P. No.2. Then complainant sends Lawyer’s notice (dated 26.12.2013) to the O.P. Nos. 1 and 2 asking them either to deliver or to return the envelope. On 06.01.2014 the O.P. No.2 sent a reply letter stating the fact that the document was lost from Megacity Courier Service, Kolkata and along with the Xerox copy of the FIR in this regard lodged at Boubazar PS on 11.11.2013. Complainant alleges that due to negligent act and deficiency in service he suffered irreparable loss and mental pain and agony. Therefore, the cause of action arose on 07.10.2013 when the O.P. received the envelope from the complainant and prays for relief as mentioned above.

The O.P. Nos. 1 and 2 contested the case by filing W.V. denying the allegations of the complainant stating inter alia that the O.P. No.2 is the agent of O.P. No.1 at Uttar Dinajpur and the complainant on several occasions through the Courier Service of O.P. sent envelopes, letters etc. but in the instant case he never disclosed whether there was any valuable and important documents inside the envelope which is a mandatory provision that the service requires due care and protection for delivery and to cover insurance facility. That the claim is time barred and that there is no deficiency in service and complainant is not entitled to any compensation.

The O.P. No.2 filed W.V. stating that Rs.35/- only was charged for the delivery knowing the envelope is a simple one. It would be mandatory for the complainant to take to the knowledge of the O.Ps. that the envelope contains valuable documents then the same was delivered with necessary insurance. But the O.P. Nos. 1 and 2 admitted that they received the envelope as a simple letter and sent it to the office of the O.P. No.1 for delivery at Kolkata on 17.10.2012. After receiving of information of non-delivery O.P. No.2 contacted to the office of the O.P. No.1 and came to know that the said letter/ documents was lost from the Kolkata office. The complainant was also informed about the loss due to negligence of O.P. No.1. O.P. No.2 further submits that he has no fault on his own and he sent the letter to O.P. No.1 with due and proper care. And he prays for dismissal of the case.

To establish his case the complainant filed memo of evidence, photocopies of documents like money receipts, progress report, legal notice and letters for correspondences etc.

O.P. Nos. 1 and 2 to prove their case has submitted W.V., oral evidence and some documents like, reply letters, courier slips, copy of the FIR lodged at Boubazar PS, Track Report, payment slips etc.

DECISIONS WITH REASONS

We carefully perused the complaint, W.V., photocopies of documents and considered the argument advanced by the contesting parties.

On perusal of complaint it appears that admittedly on 07.10.2013 through O.P. No.2, local agent and collector of O.P. No.1 they received the envelope from the complainant and issued receipt/ POD on the same day vide No.31025534, dated 07.10.2013. The document, Track Report shows remark “wait for delivery information”. The reply letter dated 06.01.2014 of O.P. No.2 also supports the same where the lost document report with sending date 16.10.2012, MF No.4234, POD No.310225534 and courier’s name Megacity Courier were shown. The missing diary, lodged on 11.11.2013 from Megacity Courier supports the complainant’s case showing document’s consignment No.310225534. P.W.1 and O.P.W.1 deposed all their facts in their evidence.

It is clear from the case record, evidence and documents that the complainant did not disclose the fact that the envelope contained some valuable documents. He paid charge for service Rs.35/- as charge of delivery of ordinary letter. Therefore, the O.P. No.2 rightly argues that if it was disclosed then the complainant has to pay insurance charge and only to avoid the same he did not disclose about the containing documents inside the envelope. At the same time the defence admitted its negligence of not taking due care for service of letter by O.P. No.1. Moreover, the O.P. No.2 discharged his duty by sending the envelope to Kolkata to deliver the same through O.P. No.1. Therefore the O.P. No.2 has no negligence and deficiency in service in his part.

The complainant should have disclosed the fact that the envelope contained his valuable documents, which he did not therefore the complainant is negligent in his part. So he is not entitled to get relief in full as prayed for.

In view of the discussions hereinbefore we find that the complainant has succeeded to prove his case by submitting oral and documentary evidence that the envelope containing some documents was lost and was never delivered by O.P. No.1. The O.P. No.2 has rightly repudiated the claim of the complainant as the valuable contents if any inside the envelope was never disclosed and was rightly sent to O.P. No.1 for delivery.

We are of opinion that the complainant is succeeded in his case.

Fees paid is correct.

Hence, it is

ORDERED,

Thus the complaint being No.53/2014 be and the same is allowed on contest without cost against O.P. No.1 in part and dismissed against the O.P. No.2.

O.P. No.1 is directed to pay a sum of Rs.1,000/- as compensation for harassment and deficiency in service and to pay Rs.500/- as litigation cost to the complainant within one month from this date, failing which interest @8% will accrue till realization.

Copy of this order be supplied to each parties free of cost.