Haryana

Gurgaon

CC/245/2013

Dharminder Kumar Yadav - Complainant(s)

Versus

M/s Blazeflash Couriers - Opp.Party(s)

27 May 2014

ORDER

 

DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM,  GURGAON-122001.

                                                                                                                                            Consumer Complaint No.245 of 2013                                                                                                                                                                                      Date of Institution: 26.07.2013/29.07.2013                                                                                                                                                                             Date of Decision: 25.02.2015

 

1   Dharmender Kumar Yadav Advocate Seat-Opposite Lawyers Canteen, near Gate of Hall No.2, District Courts, Gurgaon.

2   Ram Niwas Yadav s/o Gardhan, M/s Raman Ltd., Gundapura Village Kasba Hobli, Gowribidr Taluk, Chhikkaballapur (Bangalore)-561208

                                                                                        ……Complainant.

 

                                                Versus

 

1. M/s Blazeflash Couriers Ltd., Blaz Flash House 3^rd Floor, 2E/B, Jhandewalan Extn, New Delhi through its A.R.

 

2. M/s Blazeflash Courier Ltd, Shop No.21, Deep Plaza, Opposite District Courts, Gurgaon through its Prop. Sanjay or authorized representative.

 

                                                                                       ….Opposite parties.

                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SH.RAGHVINDER SINGH BAHMANI, PRESIDENT.

                     SMT JYOTI SIWACH, MEMBER.

 

Present:        Complainants in person

                    OP-1 & 2 exparte

 

ORDER       R.S.BAHMANI, PRESIDENT.    

 

              The complainants alleged that complainant No1 is a practicing Advocate at District Courts at Gurgaon while complainant No. 2 is his client. The complainants further alleged that complainant No.1 sent a courier to complainant no.2 though OP-2 vide Receipt No.216115244 dated 13.03.2013 (C-1) and charged a sum of Rs.70/-. It is further alleged that OP failed to deliver the envelop at its destination to the addressee though the envelop contains documents of an accidental vehicle. He contacted the OPs time and again but of no use. The complainant No.2 had to come by air from Bangalore and spent huge amount and loss of work. It is further alleged that the envelop was received on 15.04.2013 i.e. after about a month. Thus, the OPs are deficient in providing services to the complainant. The complainants prayed that the OPs be directed to  pay Rs.50,000/- as damages with interest @ 18 % p.a. from 16.03.2013. They have  also claimed compensation and litigation expenses of Rs.20,000/-. The complaint is supported with an affidavit of complainant No.1 and the documents referred above besides producing envelop (C-2) and copy of Application made to Registering Authority, Gurgaon dated 16.05.2013, 18.12.2012, copy of Driving Licence No.2560/BSD dated 28.11.2003 of Shantnu and copy of Registration Certificate No.HR-26-AN-6798 in favour of Ram Niwas (C-3 to C-6 respectively).

2                 Notice of the complaint was given to the OPs. Initially, OPs appeared but later on they failed to appear and were proceeded exparte on 12.12.2013.

3                 We have heard the complainant No.1 and appraised the material on record carefully. Keeping in view the facts and circumstances discussed above and after perusing the record available on file we are of the considered opinion that complainant No.1 has sent a courier containing the documents of an accidental vehicle to complainant No.-2 through OP-2 vide Courier Receipt No.216115244 dated 13.03.2013 and charged Rs.70/- (C-1). However, they failed to deliver the above said envelop to the addressee and lastly, it was handed over on 15.04.2013 i.e. after about a month though the documents sent through courier were of urgent nature as for want of documents complainant No.2 could not be able to get the vehicle released and he had to come by Air from Bangalore and thus, he spent a huge amount due to deficiency of service on the part the OPs. The above said evidence produced by the complainants goes unrebitted as they failed to appear before this Forum to rebut the overwhelming evidence produced the complainants and thus, the OPs are deficient in providing services to the complainants. In this regard reliance can be placed on Airstar Express Courier Vs Inder Medical Store, II (2012) CPJ 167 (NC) wherein refund of Rs.26,137/- being the price of the goods awarded by District Forum was held as justified by the Hon’ble National Commission.

4                 Thus, the complainant No.1 who is consumer as per receipt (C-1) is entitled to Rs.5,000/- as compensation for harassment and mental agony and Rs.3,000/- as cost of litigation from the OPs.

Compliance be made within 30 days.

Copy of this order be sent to the parties free of costs.

 

Pronounced in open court.                           

Dated: 25.02.2015.

                                                                                                        President,

                                                                             District Consumer Disputes

                                                                                                                                                                                  Redressal Forum, Gurgaon

                   (Jyoti Siwach)

                     Member