BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM.
KAMRUP
C.C.No.33/2016
Present: I) Shri A.F.A.Bora, M.Sc.,L.L.B.,A.J.S -President
II) Smti Archana Deka Lahkar,B.Sc.,L.L.B. -Member
III) Sri Jamatul Islam,B.Sc,Former Dy
Director, FCS & CA - Member
Ms.Basona Rajkhowa - Complainant
Bye Lane No. 2, House No. 20,
Gandhi Basti , P.O. Silpukhuri
Guwhati-781003,
District -Kamrup (M), Assam.
-vs-
I) M/S Blue Dart Express Ltd. - Opposite parties
Chenikuthi, Guwahati Club,
P.O.Guwahati, Pin-781001
Represented by the I/C of the
Chenikuthi Branch
Appearance
Learned advocate Sri Subhas Mohan Sarma , Sri Kaustav Gogoi for the complainant .
Learned advocate Sri Partha Dutta, Sri Tapan Deuri for the opposite party No. 1 & 2 .
Date of filing written argument:- 5.11.18, 4.7.19
Date of oral argument: 26.11.2020
Date of judgment : 05 .01 .2021
JUDGMENT
1) This is a complaint registered under section 12 of the consumer Protection Act, 1986 seeking remedies under section 14 (D) of C.P. Act, 1986 claiming compensation to an amount of Rs. 1,00,000/- . The brief history of the case is that, complainant booked an envelop in the booking counter of the opp.party on 14.3.16 at 4:00 p.m. and a receipt was issued on payment of Rs.260/- . The consignment was to reach the consignee on or before 16th of March, 2016 but as it was not received till 17th Feb,2016 the consignee enquired about the same, but employees in the booking counter failed to give any reply. On enquiry it has come to the knowledge of the consignee that consignment was wrongly delivered to one Shri A.Chetia on 18.2.16 though the consignee /addressee was Shri Abhimanya Barman. The telephone number was also there on the envelop.
2) The delay of delivering the envelop before schedule date i.e. on 18.3.16 had caused irreparable loss as those were required to prove a case posted on that day in a court at Dibrugarh . It is alleged that such negligence and deficiency in service had caused mental agony and los to the complainant . As such complainant prays for compensation of Rs.1,00,000/-.
3) The proceeding was contested by the opp.party by filing written statement alleging the fact that the consignment was sent for delivery on 16.3.16 at 11-37 a.m. and on that day at 3-43 p.m. attempt was made to deliver the same to Mr.Abhimanya Barman at Dibrugarh Bar Library , but the delivery boy found the Bar Library premises closed and could not deliver the consignment. The opp.party again submit that on 17.3.16 delivery man made an attempt at 9-58 a.m. to deliver the consignment at the address provided by the complainant , but the Bar Library again found closed .
4) It is further submitted that opp.party on 18. 3.16 at 9-40 A.M. sent delivery man to deliver the consignment at around 9-40 A.M. and also on the same day went to the addressee at 3:09 p.m. to deliver the consignment, but delivery man was unable to find Mr.Abhimanyu Barman in the above address and same was duly received by Mr.D.Chetri , advocate on 18.3.16 at 3:09 p.m. It is submitted that aforesaid advocate Mr.D.Chetri duly received the consignment by putting his signature. Under the above circumstances the opp.party claimed that there was no negligence on the part of the opp.party and consignment was duly delivered on 18. 3.16 and denied the allegation of any negligence on their part .
5) After due hearing to the parties it has brought to our notice that on Ext.1 the name of the addressee was recorded as Abhimanyu Barman , Bar Library , Dibrugarh . The consignment was booked on 14.3.16 which is undisputed and it was delivered to a person namely D.Chetri , advocate on 18.3.16 at 3:09 p.m.
6) We have carefully gone through the testimony of the witnesses . The evidence of the opp.party No. 1 is not clear enough whether the consignment was delivered to D.Chetri or Mr. A. Chetia of the Bar Library, Dibrugarh. It is not proved by the complainant that on the envelop the phone number of the consignee was recorded. But admittedly without which no parcel can be booked for the purpose of delivery. In such a situation we are of the opinion that now-a-days confirmation made for delivery of the goods through telephonic communication is a common practice which the opp.party and his agent had not done with a responsibility.
7) In our present case in hand the question that required to be determined is only in respect of non-delivery of the consignment to the concerned consignee that is to say deficiency of service by the opp.party to the complainant .
8) Having clear scrutiny of the evidence and having some discrepancies of both the sides it is found that the delivery of consignment by the agent of the op.party it was not delivered to the addressee rather admittedly opp.party have failed to adduce any evidence to the fact that delivery was made to the consignee Abhimanyu Barman alias Baruah on 18.3.16 at 3:09 p.m. . Such act of irresponsible delivery of goods by opp.party M/S Blue Dart Express Ltd. is visible and there is no ground and reasoning for not delivery the goods to proper person. As such case of the complainant is found merit on it and accordingly the complaint petition is decided holding a view that opp.party is found negligent and deficient in service after giving assurance to the complainant by issuing Ext.1 the receipt of booking.
9) The evidence of C.W.1 and her documents Ext.1 & Ext.3 the tracking details prove the fact in favour of the complainant about booking of consignment on 14.3.2016 which was delivered to one A.Chetia on 18.3.2016 at 15.09 p.m.. Such act of negligent and deficiency in service is considered to be serious and in our opinion it has caused mental harassment and agony to the complainant and her counsel while they were dealing with a matter pending before the court .
10) In the result , we are of the view that complainant is entitled for compensation for a sum of Rs.30,000/- and cost of the proceeding amounting to Rs.10,000/-. The opp.party is directed to pay the decreetal amount within 45 days from the date of judgment , failing which opp.party will have to pay an interest @ 12% from the date of judgment till realization of the decreetal amount.
Given under our hand and seal of the District Forum, Kamrup, this the 5th day of January , 2021.
Smt A.D.Lahkar Md J.Islam Shri A.F.A.Bora
Member Member President
