DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PATIALA.

                                            Consumer Complaint No. 37 of  03/02/2017

                                                           Decided on:             22/11/2018

1.       M/s Mahi Arts, Car Parking, Chandni Chowk, Patiala, through its Proprietor Gitanjali Bansal.

2.       Sanjeev Bansal, Manager of M/s Mahi Arts, Car Parking, Chandni Chowk, Patiala.

                                                                   …………...Complainant

                                      Versus

1.       M/s Flight Dispatch Courier and Cargo (I) Pvt. Ltd., 781, Faiz Road Chowk, Karol Bagh, New Delhi-11005 through Chairman/ Managing Director/CEO.

2.       Regional Manager/ Regional Head, Regional Office Ludhiana, House No.956, Street No.7, Dashmesh Nagar, Gill Road, Near Gill Chowk, Ludhiana.

3.       Regional Manager/ Regional Head, Chandigarh, House No.326, Raipur Khurd,  Near  ATA Chaqi, Chandigarh.

4.       Mr. Pankaj/ F.D.C., Patiala. Pleasure Communications, Shop No.14, Car Parking,  Back Side A.C. Market, Adalat Bazar, Patiala.

5.       Mr. Kunal Gupta/ F.D.C., Patiala, Pleasure Communications, Shop No.14, Car Parking,  Back Side A.C. Market, Adalat Bazar, Patiala.

                                                                   …………Opposite parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt. Neelam Gupta, Member

                                      Sh. Kanwaljeet Singh, Member                                     

ARGUED BY:

                                       Sh. B. S. Sodhi Adv. Counsel for the complainant.

                                       OPs No.1 to 3 ex-parte.

                                       Sh. Mayank Malhotra Adv. counsel for OPs No.4 & 5.        

 ORDER

                                    NEELAM GUPTA, MEMBER

1.                              Briefly, the case of the complainant is that the complainant booked & dispatched courier containing 3 ladies suits having value of Rs.12500/- through OPs No.4 & 5 from Patiala to M/s Tarni Prop. Aakriti Tradecom Pvt. Ltd, 7-B, Park Lane, Near Shaifali Hall School, Kolkata- 700016 (West Bengal).The complainant paid the courier charges for the suits vide receipt No.010449514 on 04/02/2015. It is averred that the said courier was not delivered to M/s TARNI, Prop. Akriti Tradecom Pvt. Ltd., 7-B, Park Lane, Near Shaifali Hall School, Kolkata- 700016. The complainant contacted the OPs several times but no clear cut reply was given rather they kept on lingering on the matter on one pretext or the other. Such an act on the part of  the Ops amounted to deficiency in service and the complainant underwent a lot of harassment. Ultimately he approached this Forum u/s 12 of the CP Act ( for short the Act) 1986.

2.                              On notice Op No.1 did not appear despite service and OP No.2 & 3 also failed to appear despite publication of the notice in the Daily Aashiana Patiala. As a result OPs No.1 to 3 were proceeded against ex-parte. Whereas OPs No.4 & 5 appeared through counsel and filed their reply to the complaint. In its reply OPs No.4 & 5 have admitted the dispatch of courier by the complainant containing three suits having value of 12,500/- and have also admitted the fact that the said  courier neither reached its destination nor it was returned to the complainant.  OPs have submitted that they had offered amount of Rs.12,500/- to the complainant but the complainant refused to accept the same and even now they are ready to refund the amount of Rs.12,500/- as and when demanded  by the complainant. After denying all other allegations made in the complaint, it was prayed to dismiss the complaint.

3.                In support of the complaint, ld counsel for the complainant has tendered in evidence affidavit of Ms. Gitanjali Bansal along with documents Ex.C-1 to Ex.C-7 and closed the evidence.

4.                Ld. Counsel for OPs No.4 & 5 has tendered affidavit of Sh. Kunal Gupta,  Authorized Signatory and closed the evidence.

5.                We have heard the ld. counsel for the contesting parties and have also gone through the record of the case, carefully.

6.                Ex.C-1 is the copy of the courier receipt whereby the complainant sent three suits having value of Rs.12,500/- through courier. Ex.C-2  is the copy of the legal notice sent by the complainant to the Ops. Ex.OPA is the affidavit of Sh. Kunal Gupta, Authorized signatory of the Ops No.4 & 5 in which it has submitted that they are still ready to refund the amount of Rs.12,500/-.

7.                In the present case, the complainant sent the parcel on 4/2/2015. The value of the commodity was Rs.12,500/-. He paid the courier charges also. Now almost 45 months have passed. The courier sent by the complainant has neither reached its destination nor it came back to the complainant. Though the OPs No.4 & 5 have admitted all the facts but have not refunded anything to the complainant which amounted to deficiency in service on their part. Moreover  non appearance of the OPs  to counter the claim of the complainant, shows malafide  attitude of the Ops to redress the grievance of the complainant.

8.                In view of the aforesaid discussion, we partly allow the complaint of the complainant with a direction to OPs NO.4 & 5  to refund the amount of Rs.12,500/- to the complainant i.e. the value of the goods along with a sum of Rs.3000/- as compensation for harassment undergone by the complainant and Rs.3000/- as litigation expenses. Order be complied by the OPs within 30 days of the date of the receipt of the certified copy of this order failing which the OP No.4 & 5 shall be liable to refund the amount of Rs.12,500/- with interest @ 8% per annum from the date of dispatch of the courier i.e. 04/02/2015 till its realization. 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: 22/11/2018    

                                           KANWALJEET SINGH  NEELAM GUPTA

                                                           MEMBER                                MEMBER