Punjab

Sangrur

CC/749/2021

Munish Gupta - Complainant(s)

Versus

Mohd. Hanif C/o Amjani Courier Services Ltd. - Opp.Party(s)

Sh. Manpreet Singh

20 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

                                                                        Complaint No.  749

 Instituted on:    18.06.2021

                                                                         Decided on:      20.04.2022

Munish Gupta son of Suresh Kumar Gupta, R/O Railway Road, Opposite Civil Hospital, Malerkotla, Distt. Sangrur, Punjab 148023 Ph. 98141-07709, Email ID: dhruv.abhay@gmail.com.

                                                                                                                               …. Complainant.     

                                                 Versus

1.     Mohammad Hanif C/o Shree Anjani Courier Services (P) Ltd. Near AXIS Bank Ltd. Backside Bus Stand, Malerkotla, Distt. Sangrur 148023 Mobile No.98720-35961, Email ID. 2.     Shree Anjani House, Corporate Office, 34, Old Lati Bazar, Near ST Bus Stand, Raipur, Ahmedabad 380022 C/o Shree Anjani Courier Services (P) Ltd. Ph. 91-079-25450506, 2541202 through its Directors Bharat Kumar Lilabhai Shiyani, Jayesh Kumar Godhanbhai Shiyani, Lilabhai Laxmanbhai Shiyani, Parshottam Shiyani Laxman and Rushabh Parshottam Shiyani.

2^nd address

Shree Anjani House, Regional Office: 1010, 2^nd Floor, Main Faiz Road, Karol Bagh, New Delhi, Ph. 011-28759580, 09312191983 through its authorized person.

                                                                                 ….Opposite parties. 

For the complainant    : Shri Manpreet Singh, Adv.              

For the OPs                 : Exparte.

Quorum                                           

Ashish Kumar Grover, President

Sarita Garg, Member

ORDER BY:     

Ashish Kumar Grover, President.

1.             Complainant Shri Munish Gupta has approached this Forum/Commission alleging inter-alia that he availed services of OPs by getting booked a parcel  containing one brand new original 90W charger of Dell Laptop on 2.9.2020 which was to be delivered to one Mr. Tarun Gupta at Patiala vide receipt bearing AWB No.1940772654 dated 2.9.2020 and for the same the OPs charged an amount of Rs.100/-. It was further assured by the Op that the parcel will be delivered to the addressee on 3.9.2020.  Further case of complainant is that when on 3.9.2020 the parcel in question was not delivered at its destination then the complainant approached the OP number 1, but the OP number 1 did not give any satisfactory answer.  As such, on 3.10.2020 the complainant lodged a complaint to OP number 2 vide complaint number 2291160, but all in vain.  Thereafter the complainant sent a legal notice on 22.12.2020 upon the Ops, which was not received and deliberately refused to receive the same.  Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the Ops be directed to pay the cost of laptop charger, to refund Rs.100/- being courier charges, to pay Rs.50,000/- on account of financial loss, to pay Rs.5000/- as traveling expenses, to pay Rs.5000/- being dearness allowances and to pay Rs.11000/- as litigation expenses.

2.             Record shows that OPs did not put appearance despite valid service, as such both the Ops were proceeded against exparte on 02.09.2021.

3.             The learned counsel for the complainant has produced Ex.C-1 copy of courier receipt, Ex.C-2 copy of correspondence, Ex.C-3 copy of notice dated 21.12.2020, Ex.C-4 to Ex.C-6 postal receipts, Ex.C-7 copy of envelope, Ex.C-8 copy of identity and Ex.C-9 is the detailed affidavit of the complainant.

4.             We have gone through the pleadings put in by the complainant along with its supporting documents with his valuable assistance.

5.             The complainant has alleged in the complaint that the complainant hired the services of the Ops for delivering one original 90W charger of Dell Laptop to Patiala through courier service and OPs charged Rs.100/- on account of courier charges and OP assured that the above said parcel shall be delivered to the addressee on the next date i.e. 3.9.2020.  The complainant has also produced  on record booking receipt Ex.C-1 but till today they failed to deliver the above said parcel.  The complainant has also sent legal notice to the Ops through his counsel on 22.12.2020 but the Ops neither replied to the said legal notice nor handed over the parcel to the complainant, which was booked by the complainant.  The learned counsel for complainant also produced copy of legal notice and postal receipt Ex.C-3 to Ex.C-6.  The complainant also lodged his grievance with the OPs and produced the copy of the same Ex.C-2.  The Ops have not bothered to appear before this Commission despite valid service and also not filed any reply to the complaint.  The complainant has alleged in para number 3 (a) of the complaint that the complainant sent one brand new original 90 W charger, but in the relief claimed the complainant sought relief that the Ops may be directed to pay Rs.5000/- as cost of two laptop charges, which establishes that the cost of one charger is Rs.2500/- and the pleadings of the complainant are self contradictory, therefore, it establishes that the complainant has got booked one laptop charger through courier and the cost of the same is Rs.2500/- only. The Ops have failed to file any reply to complaint and also failed to deliver the consignment, therefore, there is clear cut deficiency in service and unfair trade practice on the part of the Ops.  As such, we partly allow the complaint and direct the Ops to refund to the complainant an amount of Rs.2500/- being the cost of laptop charger. We further direct the OPs to pay to the complainant an amount of Rs.2500/- on account of compensation for mental tension, agony and harassment and Rs.2500/- as litigation expenses.  This order be complied with by the opposite parties within 60 days from the date of receipt of certified copy of this order.

6.             A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

                                Pronounced.

                                April 20, 2022.

                                                                                 (Sarita Garg)                      (Ashish Kumar Grover)

                                                                                      Member                                      President