Haryana

Ambala

CC/21/2019

Rahul Chotani - Complainant(s)

Versus

M/s Blue Dart - Opp.Party(s)

Aditya Verma

01 Aug 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint case no.         :  21 of 2019.

                                                          Date of Institution           :  23.01.2019.

                                                          Date of decision    :  01.08.2019.

 

1. Rahul Chotani son of Shri Jagmohan Chotani, r/o H.No.783, VPO Saha, Tehsil Ambala Cantt, Distt. Ambala.
2. Shivam Sehra s/o Shri Raj Kumar Sehra, age 26 years, r/o C37/7, Nishant Ganj Paper Mill Colony, Lucknow (U.P.)-226006, presently address: VPO Saha, Tehsil & Distt. Ambala.

                                                                                       …. Complainants.

 

1. M/s Blue Dart/DHL, UGF Deva Palace Viram Khand1, Gomti Nagar, Lucknow (UP), through its authorized signatory.
2. M/s Blue Dart/DHL, Groud Floor, Jeevan Jyoti Bhavan, LIC Building, Alexendra Road, near Axis Bank, Jagadhri Road, Ambala Cantt (HR), through its authorized signatory.
3. M/s Blue Dart/DHL, Head Office Sahar Airport Road, Andheri (East), Mumbai-400099, through its authorized signatory.

 

               ..…. Opposite Parties.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Aditya Verma, Advocate, counsel for complainant.

OPs ex parte.

 

ORDER:     MRS. RUBY 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 Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay the cost of the I phone 6 amounting to Rs.26,000/- for misplacing/misappropriating the same.
2. To pay Rs.1,00,000/- as compensation for the mental agony and physical harassment suffered by them.
3. To pay Rs.25,000/- as litigation expenses.
   382.  

Any other relief which this Hon’ble Forum may deem fit.

 

Brief facts of the case are that complainant No.1 is an advocate by profession and practicing at District Court, Ambala. The complainant No.2 is cousin brother of complainant No.1. In the month of July 2018, complainant No.1 visited his cousin i.e. complainant No.2 at his house at Lucknow (UP) and unfortunately left/forgot his personal mobile handset (i-phone 6, Grey colour) at his house. The complainant No.2 sent the said mobile phone through OP No.1, vide receipt & dated 1.08.2018 PAN No.AABCDS3611Q, DHL GSTIN-09AABCD3611Q12B, AWB No.39928027801 and it charged Rs.690/- for the same. The OP No.1 assured to complainant No.2 that OP No.2 shall deliver the courier before 06.08.2018. When the complainant No.1 did not receive the mobile even after 06.08.2018, then complainant No.1 & 2 came to know the status through official website of OPs that the mobile has been delivered to the OP No.2 on 08.08.2018. The complainant No.1 visited the office of OP No.2 and met one Rajan as dealing person, who explained that mobile phone has been misplaced by one of their employee and OP No.2 is investigating the entire matter. Mr. Rajan further assured to complainant No.1 that matter shall be resolved within a day or two. The complainant visited the office of OP No.2 on 18.08.2018 & 28.09.2018, but grievance of the complainant could not be redressed till date. The complainant No.1 sent one legal notice dated 04.10.2018 to the OPs, but no reply has been received till date. The OPs are clearly deficient and negligent in their services and caused huge personal and professional loss to the complainant No.1.

2.                Upon notice, OPs failed to appear in person or through their counsel on 07.03.2019 and consequently, they were proceeded against ex parte on that date by this Forum.

3.                The ld. counsel for the complainant tendered affidavits of complainant and Shivam Sehra as Annexure CA & CB respectively alongwith documents as Annexure C-1 to C-15 and closed the evidence on behalf of complainant.

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

5.                The averments made in complaint regarding misplacing the mobile phone in question by the OPs, have been corroborated with the evidence. The complainant has also placed on record documents C1 to C15, in his evidence. However, none of the OPs have not contested the complaint. In this case, OPs have 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 is duly supported by their affidavit and other supporting documents. Hence, we are of the view that the OPs are clearly deficient and negligent in their services.

6.                     In view of above discussion, the present complaint deserves to be accepted and same is hereby allowed against the OPs and they are directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      To pay the cost of mobile handset amounting Rs.26,000/- alongwith interest @9% per annum, from the date of filing the present complaint, till its realization.

(ii)     To pay compensation a sum of Rs.3,000/- on account of mental harassment & agony.

(iii)    To pay Rs.2,000/- as cost of litigation.

 

                   Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :01.08.2019.

 

 

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

              Member                             Member                            President