Haryana

Ambala

CC/210/2019

Rajinder - Complainant(s)

Versus

M/s Anjani Courier Service - Opp.Party(s)

06 Feb 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint case no.         :  210 of 2019

                                                          Date of Institution           :  12.07.2019

                                                          Date of decision    :  06.02.2020

 

Rajinder Kaw son of Lt. Shri Prithvi Nath Kaw, resident of House No.202B,  “Durga Niwas”, Prabhu Prem Puram, Ambala Cantt., District Ambala.

 

                                                                                       ……. Complainant.

Versus

 

M/s Anjani Courier Service, HO Shree Anjani House, 34 Old Latti Bazar, Raipur Ahemdabad-22 and Ambala Office: Near K.D. Hospital, Mahesh Nagar, Ambala Cantt.

               ..…. Opposite Party.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Complainant in person.

OP already ex parte v.o.d. 07.11.2019.

 

ORDER:     SH. VINOD KUMAR SHARMA, MEMBER.

 

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To return the documents to the complainant.
2. To pay Rs.50,000/- as compensation for the mental agony and physical harassment suffered by him.
3. To pass an appropriate decree in the matter, under Consumer Protection Act.

                  

Brief facts of the case are that on 09.03.2019, the complainant had booked two parcels through couriers from the OP to sent the one to Pune under Docket No.1939035884 and other to Bangalore; under Docket No.1939035886. the parcel was containing important documents. After a week i.e., on 15.03.2019, parcel booked under Docket No.1939035884 (Pune) was received back with cut, with some filthy and unjustified remark. On 27.03.2019, he received a call from the Local Office of OP with regard to second parcel sent to Bangalore under Docket No.1939035886, that parcel containing important documents had been bitten by rats and is lying undelivered. OP caused a breach of trust, which amounts to deficiency in service. Hence, the present complaint.

2.                Upon notice, none has appeared on behalf of the OP before this Forum, therefore, it was proceeded against ex-parte vide order dated 07.11.2019.

3.                The complainant tendered his affidavit as Annexure CA alongwith documents as Annexure C-1 to C-4 and closed his evidence.

4.                We have heard the complainant and carefully gone through the case file.

5.                The complainant has argued that he booked two parcels containing important documents from the OP, out of the two parcels one parcel booked under Docket No.1939035884 (Pune) received back with filthy remark and a cut and the second parcel booked under Docket No.1939035886 (Bangalore), was lying with the OP undelivered bitten by rats. From the perusal of Annexure C-1 and C-2, it is evident that complainant had booked two parcels with the OP. Complainant sent a letter dated 28.03.2019 to the OP (Annexure C-3), with regard to explaining the reasons for non delivery of the parcels at the addresses provided by the complainant, but all went in vain. . However, OP has not contested the complaint and was proceeded against ex-parte, therefore, the contents enumerated in the complaint remained un-rebutted and thus, we have no other option, except to believe the version as well as documents submitted by the complainant, which are duly supported by affidavit. Since the OP failed to deliver the parcels at the addresses provided by the complainant and securing the parcel, therefore, OP is not only liable to return the parcel booked under docket No.1939035886 (Bengaluru) containing documents of the complainant, but also liable to compensate the complainant for the mental agony and physical harassment suffered by the complainant. 

6.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

1. To return the documents lying with the OP to the complainant.
2. To pay Rs.2000/- as compensation for mental agony and physical harassment suffered by the complainant.

 

                   The OP is further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall mentioned at Sr. No.(ii) carry interest @ 9% per annum for the date of filing of complaint i.e. 12.07.2019, till its realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :06.02.2020

 

(Vinod Kumar Sharma)             (Ruby Sharma)              (Neena Sandhu)

         Member                               Member                          President