DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 259 of 5.7.2016
Decided on: 15.3.2018
M/s Scorpio Leathers, SCO No.9, City Centre, Near 22 No. Phatak, Patiala, through its Prop. Raghbir Modi.
…………...Complainant
Versus
- M/s Deep Express, International & Domestic Couriers, Shop No.113-B, Shere-e-Punjab Market, Patiala-147001, through its Prop./Partners.
- Best Track Delivery Solution Pvt. Ltd., Regd. Office: 1774, Deep Complex, Opp. Ramdarbar Hallomajra, Chandigarh, through its Prop./Partners.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Mohit Kansal,Advocate, counsel for complainant.
Sh.Paramvir Singh,Advocate, counsel for
opposite party No.1
ORDER
SMT.NEELAM GUPTA, MEMBER
M/s Scorpio Leathers through its Prop. Raghbir Modi 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 the O.Ps.)
2. The brief facts of the complaint are that the complainant is running the shop M/s Scorpio Leather for earning his livelihood and availed the services of the OP no.1 for delivering three pairs of shoes worth Rs.10891/-to Mr. Anurag Goshies Apparels (P) Ltd. at SCO No.39 (Basement), Sector-26, Madhya Marg, Chandigarh. Receipt dated 28.3.2016 was duly issued by the OP. After four-five days he contacted said Sh.Anurag Goshies Apparals (P)Ltd for confirming the delivery of the aforesaid items but was shocked to know that the said goods were not delivered to him. Thereafter, the complainant approached OP no.1 who assured that it would inquire into the matter and would send the goods to the above said addressee. However, till date neither the goods have been delivered to the addressee nor were returned to the complainant. He also got served a legal notice dated 31.5.2016 upon the OP who gave false reply to the same stating therein that the consignee party i.e. Goshies Apparels(P)Ltd. Mohali has received the goods vide receipt No.639788154, 639757800, whereas no goods were received by the addresse. The act and conduct of the OPs amounted to deficiency of service, which caused mental agony and physical harassment to the complainant. Hence this complaint with the prayer for giving direction to the OPs to delivery the goods to the addressee, to pay Rs.50,000/- alongwith interest @18% per annum, as compensation for causing mental agony and physical harassment alongwith litigation expenses.
3. On being put to notice OP no.1 appeared through counsel and filed its written version whereas OP no.2 despite service through publication failed to come present and was accordingly proceeded against ex-parte.
4. In the written version, filed by Op no.1, it is stated that on the alleged date of booking of the alleged courier, the OP no.1 approached Best Track Courier Service to send the goods to Anurag Goshies Apparels(P)Ltd. but on that day, the said Best Track Courier was not available. It is stated that with prior knowledge and consent of complainant, OP no.1 sent the said goods through ON DOT Courier Service vide receipt No.639757800 dated 29.3.2016 which were received by the addressee vide delivery run sheet Number(DRS)8359396 dated 30.3.2016 at Sr. no.11 prepared by delivery boy namely Gopal.It is further stated that the addressee also received some goods from some courier service as booked from some other place as signed being received at Sr.no.10 on the said delivery run sheet.There is no deficiency of service on the part of OP no.1. After denying all other averments made in the complaint, it was prayed to dismiss the complaint
4. On being called to do so, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of Sh.Raghbir Modi, Prop of complainant, Ex.CB affidavit of Sh.Anurag, Director of M/s Goshies Apparels(P) Ltd. alongwith documents Exs.C1 to C6 and closed the evidence of the complainant.
The ld. counsel for OP no.1 has tendered in evidence Ex.OPA affidavit of Sh.Manwinder Singh, Prop. M/s Deep Express alongwith documents Exs.OP1 to OP5 and closed the evidence of OP no.1.
5. We have heard the ld. counsel for the parties, gone through the written arguments filed by the ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. Ex.C1 is the invoice of the goods sent through courier service of the OPs. Ex.C2 is the receipt issued by OP no.1 regarding sending of goods of the complainant to the addressee. It is the case of the complainant that the said goods did not reach the addressee whereas the plea of OP no.1 is that on the alleged date of booking of the courier, it approached ‘Best track’ courier service to send the goods to Anurag Goshies Apparels(P) Ltd. But on that day ‘Best Track Courier” was not available and with the prior knowledge and consent of the complainant, OP no.1 sent the goods through ‘ON DOT’ courier service vide receipt No.639757800 dated 29.3.2016, which was duly received by the addressee vide delivery run sheet Number (DRS) 8359396 dated 30.3.2016 at Sr.no.11, prepared by the delivery boy namely Gopal. Ex.OP1 is the receipt of ‘ON Dot’ courier service regarding sending of courier of the complainant to Anurag Goshies Apparels(P) Ltd. vide receipt No.639757800 on 29.3.2016. Ex.OP2 is the delivery run sheet(8359396) dated 30.3.2016 at Sr.No.11, showing the receipt of the courier by the addressee. As such Op no.1 cannot be said to be deficient in rendering service.
7. As an upshot of aforesaid discussion, we do not find any merit in the complaint of the complainant and the same is hereby dismissed with no order as to costs. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED: 15.3.2018
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
