Order by:
Sh.Amrinder Singh Sidhu, President.
1. The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 on the allegations that on 15.07.2021, he sent a food supplement RENUTUS NOVA to his friend Sukhchain Singh resident of Doha Qatar amounting to Rs.23,400/- through Opposite Party courier vide tracking No.519500456514and for this, the Opposite Party charged Rs.4000/- for sending the consignment to addressee, but said courier did not reach to the addressee nor returned the same back. The complainant approached the Opposite Party in this regard, but till today, neither the Opposite Party returned the said courier containing medicines nor refund the amount to the complainant. Hence, there is negligence and Unfair Trade Practice and deficiency in service on the part of the Opposite Parties. Not only this, the complainant also served legal notice upon the Opposite Party dated 16.11.2021, but the Opposite Party did not pay any heed to the request of the complainant. Vide instant complaint, the complainant has sought the following reliefs.
- To direct the Opposite Party to make the payment of Rs.27,400/- alongwith interest @ 12% per annum and also to pay Rs.1,00,000/- as compensation for causing him mental tension and harassment besides Rs.25,000/- as litigation expenses.
Hence this complaint has been filed by the Complainant for the redressal of his grievances.
2. Upon notice, none has appeared on behalf of Opposite Party despite service, hence Opposite Party was proceeded against exparte by this District Commission.
3. In order to prove his case, the complainant tendered into evidence his affidavit Ex.C1 alongwith copies of documents i.e. aadhaar card Ex.C2, copy of medicine bill Ex.C3, copy of transit receipt Ex.C4, copy of legal notice Ex.C5 alongwith postal receipt Ex.C6 and closed the evidence.
4. We have heard the Complainant and have carefully gone through the evidence on record.
5. During the course of arguments, ld.counsel for the complainant has mainly reiterated the facts as narrated in the complaint. We have perused the contentions of the complainant and also gone through the record on file. The main contention of the complainant is that on 15.07.2021, the complainant sent a food supplement RENUTUS NOVA to his friend Sukhchain Singh resident of Doha Qatar amounting to Rs.23,400/- through Opposite Party courier vide tracking No.519500456514 and for this, the Opposite Party charged Rs.4000/- for sending the consignment to addressee, but said courier did not reach to the addressee nor returned the same back. The complainant approached the Opposite Party in this regard, but till today, neither the Opposite Party returned the said courier containing medicines nor refund the amount to the complainant and contended that there is negligence and Unfair Trade Practice and deficiency in service on the part of the Opposite Parties. To prove the aforesaid contention, ld.counsel for the complainant has placed on record the duly sworn affidavit of the complainant Ex.C1, alongwith copies of documents i.e. aadhaar card Ex.C2, copy of medicine bill Ex.C3, copy of transit receipt Ex.C4, copy of legal notice Ex.C5 alongwith postal receipt Ex.C6. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Party did not opt to appear and contest the proceedings. In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Party has no defence to offer or defend the complaint.
6. So, from the entire unrebutted and unchallenged evidence produced by the complainant on record, it stands fully proved on record that the Opposite Party has adopted unfair trade practice and deficiency in service by not sending the goods to the complainant.
7. In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant against the Opposite Party and the Opposite Party is directed to refund the amount of Rs.27,400/- (Rupees twenty seven thousands four hundred only) to the complainant alongwith interest @ 8% per annum from the date of filing the present complaint i.e. 12.01.2022 till its actual realization. Compliance of this order be made by the Opposite Party within 45 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to get the order enforced through the indulgence of this Commission. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.
Announced in Open Commission.
