Date of Filing : 14/07/2022

Date of Judgement : 30/11/2023

Sri Sudip Niyogi, Hon’ble President

                                                                 Brief Facts

Complainant had booked the service for transportation of his parcel from India to U.S.A. vide booking Ref. No. 09090 and paid Rs.3,997/- for it.  He was assured by the OP that the parcel would reach U.S.A. within 5 to 6 working days.  The package was collected on 29/9/2021 and till 19/10/2021 the tracking information showed “label created”, which means that the package was not shipped overseas.  After collection of the package, courier started asking for various documents like, material safety data sheet and dangerous goods certificate for custom clearance, which was not informed by the OP at the time of booking the service.  Complainant called numerous times, but OP failed to respond to him.  He also sent e-mails, which were also not responded to.  Subsequently, the Operations Executive called the complainant and confirmed that they would return the package to him and on 20/10/2021 OP returned the parcel without providing any proper reason and the amount paid by the complainant was not returned.  Complainant repeatedly requested the OP to refund the amount paid by him, but they failed to do so.   Alleging deficiency in service, carelessness and negligence on the part of the OP, the complainant, who suffered financial loss and severe mental stress,  filed this complaint and prayed for a direction upon the OP to refund the full amount of Rs.3,997/- alongwith interest @18% per annum, cost of litigation, compensation etc.  OP did not appear to contest the case following which it was heard exparte against them.

Now, the point for determination is whether the complainant is entitled to any relief(s) in this case?

                                                                Findings

Complainant filed affidavit-in-chief alongwith copies of various documents which were relied upon by him.  He also filed brief notes of argument.

We have gone through the materials on record including the documents filed on behalf of the complainant.  From the documents produced on behalf of the complainant, it is found that he had booked the service of the OP for the transportation of his parcel from India to USA and he paid Rs.3,997/- to the OP.  According to the complainant, he was assured that the parcel would reach USA within 5 to 6 working days.  He also alleged that after collecting the package he was asked for various documents which was not informed by the OP while booking the services and ultimately the package was not sent to its destination and that was returned to the complainant without assigning any reason whatsoever.  At this, he prayed for refund of the amount paid by him, but that was also not done by the OP.  Thereafter complainant was compelled to issue a letter through his Advocate calling upon the OP to refund the amount alongwith interest and damages for his sufferings, harassment etc. within a period of 15 days from the date of the said notice dt. 23/12/2021.  Needless to mention, that was also not complied with.

OP did not appear and challenged the contention of the complainant.  So, in our view, the complainant is entitled to refund of the said amount along with interest @ 9% per annum and also compensation of Rs.8,000/- for mental harassment and Rs.2,000/- for cost of litigation.

So, it is

                                        ORDERED

That the instant case stands allowed exparte against the OP.

OP is directed to refund the amount of Rs.3,997/- alongwith interest @ 9% per annum from the date of payment and compensation of Rs.8,000/- and cost of litigation of Rs.2,000/-.

OP is directed to comply with this order within 30 days from the date of this order, failing which, the complainant shall be at liberty to proceed in accordance with law. 

Dictated and corrected by me

President