Haryana

Panchkula

CC/220/2021

SAROJ RANI. - Complainant(s)

Versus

M/S MARUTI AIR COURIERS & CARGO. - Opp.Party(s)

IN PERSON.

25 Aug 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	220 of 2021
Date of Institution	:	20.04.2021
Date of Decision	:	25.08.2022

 

 

Saroj Rani wife of Sh. Surinder Kumar, resident of Flat No.303, GHS-27, Sector-20, Panchkula.

                                                                           ….Complainant

Versus

M/s Maruti Air Couriers and Cargo, Plot No.512, Industrial Area, Phase-2, Chandigarh.                                                                                                                                                                            

                                                                                        ….Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

Before:              Sh.Satpal, President.

                        Dr. Pawan Kumar Saini, Member

Dr.Sushma Garg, Member

 

 

For the Parties:   Sh.Surender Kumar, Authorised representative of the complainant.

                        OP already ex-parte vide order dated 03.11.2021.

                       

ORDER

(Dr. Pawan Kumar Saini, Member)

1.             The brief facts of the present complaint are that the complainant booked a consignment containing 3 kgs of sweets for delivering the same to her son-in-law at Chennai through Air travel on 22.12.2020. The OP charged a hefty sum of Rs.520/- vide receipt no.172025884 dated 23.12.2020 as delivery charges by air travel but the Op failed to deliver the consignment on the promised time. Rather, they delivered the said consignment on 28.12.2020. On inquiry from the OP, it was told to the complainant that the consignment in question was sent through train service so resulting in inordinate delay in delivery. This undue delay in delivery proved to be reason for destruction of the sweets. The complainant had sent the sweets with emotions for her son-in-law on his birthday with an expectation of timely delivery to him as she had paid charges for air travel to the OP. Due to the act and conduct of the OP, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Notice was issued to the OP through registered post, which was not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OP; hence, it was deemed to be served and thus, due to non appearance of OP, it was proceeded ex-parte by this Commission vide its order dated 03.11.2021.

3.             To prove the case, the authorized representative of the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-4 in evidence and closed the evidence by making a separate statement.

4.             We have heard the authorized representative of the complainant and gone through the entire record available on the file including synopsis filed by the complainant, minutely and carefully.

5.             The grievances of the complainant in the present complaint are that the consignment containing home-made sweets was sent by the OP through train, in place of aircraft, to its designated place despite the fact that a hefty sum of Rs.520/- vide receipt dated 23.12.2020 (Annexure C-1) was charged from the complainant by the OP for sending the said consignment through air.  As per the version of the complainant the home made sweet as contained in the consignment got deteriorated in its taste and quality with its delayed delivery at the designated place i.e. Chennai. During arguments, the authorized representative reiterating the averments made in the complaint has prayed for acceptance of the complaint by directing the Op to refund the sum of Rs.520/- alongwith the cost of sweets cost amounting to Rs.2,400/-. Further, the compensation of Rs.1,00,000/- and Rs.5,000/- has also been claimed on account of mental agony, harassment and litigation charges respectively.

6.                The OP has preferred not to contest the present complaint by remaining absent despite service of notice and accordingly, it was proceeded ex-parte vide order dated 03.11.2021 respectively and thus, the assertions made by the complainant go unrebutted and uncontroverted.

7.             Evidently, it is evident that a sum of Rs.520/- was paid by the complainant vide receipt(Annexure C-1) for sending the consignment in question. As per (Annexure C-2), it is found that the consignment was received by the OP at Chandigarh on 22.12.2020, which was received at New Dellhi, Jhandewalan on 23.12.2022 at 09:13 A.M.(Annexure C-2) and that as per Annexure C-2 that the consignment was further forwarded to Chennai on the same day i.e. 23.12.2020 at 02:54 P.M. and  the same was received at Chennai on 28.12.2020 at 04:01 P.M. It is unrebutted contention of the complainant that the said sum of Rs.520/- was paid to the OP on the assurance that the consignment would be sent through air whereas according to Annexure C-2 it was sent through train. In view of the uncontroveted and unrebutted contentions of the OP, we have no option except to accept the present complaint and thus, conclude that there has been lapses and deficiencies on the part of the OP while rendering service to the complainant; hence the complainant is entitled to relief.

8.             Coming to the relief, it is found that no proof in support of the cost of sweet claiming Rs.2,400/-has been placed on record by the complainant;  however, the complainant is entitled to be compensated on account of mental agony and harassment.

9.             As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OP:-

1. To pay a lump sum amount of Rs.3,000/- to complainant on account of mental agony, harassment and cost of litigations charges.

10.            The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OP failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

 

Announced on: 25.08.2022

 

 

 

        Dr.Sushma Garg          Dr. Pawan Kumar Saini            Satpal

                Member                     Member                       President

 

Note: Each and every page of this order has been duly signed by me.

 

                                            Dr. Pawan Kumar Saini

                                              Member