Punjab

Rupnagar

CC/17/31

Jaspal Singh Mann - Complainant(s)

Versus

M/s safe Express Courier Service - Opp.Party(s)

T.S. Chahal,Advocate

07 Aug 2017

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                     Consumer Complaint No.    : 31 of 17.05.2017

                                      Date of decision                : 07.08.2017

     

Jaspal Singh Maan, aged about 72 years, son of Bachan Singh, resident of Village Marauli Kalan, Tehsil & PS Morinda, District Rupnagar.

                                                                                   ......Complainant

                                             Versus

1. M/s Safe Express Courier Service, New Grain Market, SCF No.66, Near Batha Sahib, Gurudwara, Rupnagar, through its Manager/Managing Director

2.  M/s Moglix, D-188, Sector 10, Noida, Uttar Pradesh (U.P.)- 201 301, through its Manger/Managing Director 

                                                                                  ....Opposite Parties

 

                                    Complaint under Section 12 of the                                                                Consumer Protection Act, 1986

 

QUORUM

                         MRS. NEENA SANDHU, PRESIDENT

                         SMT. SHAVINDER KAUR, MEMBER

 

ARGUED BY

 

                         Sh. T.S.Chahal, Advocate, counsel for the complainant

                         Opposite Parties ex-parte

 

 

ORDER

                         MRS. NEENA SANDHU, PRESIDENT

 

                Sh. Jaspal Singh Maan has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’ only) against the Opposite Parties (hereinafter referred to as ‘the O.Ps.’ only) praying for the following reliefs:-

i)       To direct the O.ps. to pay Rs.1,00,000/- as loss occurred to the complainant due to non delivery of Air Blowers at the ordered destination 

ii)      To pay compensation tune of Rs.1,00,000/- on account of unnecessary harassment faced by him along with interest @ 18% per annum from 11.4.2017 till realization 

 iii)    To pay Rs.10,000/- as litigation expenses.

 

 

2.          In brief, the case of the complainant is that he is running a Paying Guest House at village Gharuan and Chandigarh. In order to provide blowers in the rooms of the said PGs, on 05.04.2017, vide No. ESBIVKNHE, he placed an online order to the O.P. No.2 for supply and delivery of eight, Bridge Steel 13000 rpm, Air Blower, BS-789, Power 550 W. The O.P. No.2 accepted the order and telephonically informed him to pay in total Rs.3792/- @ Rs.510/- each, as per bill dated 22.4.2017, on receipt of the delivery of the said blowers. The delivery of the same was to be delivered at the following address:-     

Jaspal Singh Maan, Dhiman Clinic, Railway Road, Morinda, 140101, Morinda, District Ropar, Pb. India 9872948988  

Even the said address was also mentioned in the confirmation order. The O.P. No.2, telephonically informed him that it had shipped the said goods at the mentioned address through O.P. No.1 and also had given a tracing No.81345337. On checking, he found that the said goods reached on 11.4.2017, at Batha Sahib, Rupnagar. On the said date, an employee of the O.P. No.1, called him from mobile No.8872031900, and asked him to take the delivery of the said goods from their office at Batha Sahib, Rupnagar. But he asked the said employee to deliver the said goods in question at the address of the complainant, then the said employee told him that it would be delivered on 12.4.2017 at the address mentioned in the order. However, the said goods were not delivered to him, he telephonically informed the O.P. No.2. The Manager of O.P. No.2 assured him that delivery would be made at the given address and has also given him token Nos. 222507, 222946, 223491 and 224648. On 15.4.2017, he came to know that the O.P. No.1 returned the said goods to the O.P. No.2. Due to non delivery of the blowers in question by the O.Ps., the students, who contacted him for taking PG facility in his premises, refused to come to his PG. As such, he suffered approximately a loss of Rs.1,00,000/-. He approached and apprised the O.Ps. regarding the loss suffered by him due to non delivery of the goods. The O.Ps. assured him that they would suitably compensate him but nothing was done by them. Hence, this complaint.

3.               On being put to notice, none appeared on behalf O.Ps. No.1 & 2, accordingly, they were proceeded against ex-parte vide order dated 03.07.2017.    

4.     On being called upon to do so, the complainant tendered his affidavit Ex. CW1/A along with documents Ex.C1 to Ex.C15           and closed the evidence.  

5.     We have heard the learned counsel for the complainant and   have gone through the record of the file including written    arguments filed by the learned counsel for the complainant,   carefully.

6.        From the copy of email dated 22.4.2017, Ex.C1, it is evident that the complainant on 05.04.2017, had placed, online order with the O.P. No.2, for purchase of eight blowers and it accepted the order and told the complainant that it will send an email after shipment of the said blowers and told him to check the status of the order at Moglix.com. From the order details Ex.C3, it is evident that the cost of each blower is of Rs.510/- and the O.P. No.2 after discount had raised the bill for eight blowers, to the tune of Rs.3792/- and the payment was to be made on cash on delivery basis. The delivery address was duly mentioned in the said order details. The complainant has averred that the blowers in question were not delivered to him at the address mention in order details. Due to non delivery of the blowers in question, he has to suffered a heavy loss. In support of this averment, he has furnished his affidavit, which is duly supported by documents. This averment of the complainant has gone un-rebutted as the O.Ps. preferred not to appear before this Forum to contest the same. Meaning thereby, that the O.Ps. have nothing to say in their defence. Thus, we have no reason to disbelieve the contention of the complainant. Since, the O.P. No.2 on receipt of order from the complainant had promised to deliver the blowers in question on the cash on delivery basis, therefore, as per section 2 (1) (d) (i), which reads as under:-

“Consumer means any person who-

Buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

The complainant is consumer qua the O.P. No.2. By not delivering the blowers in question to the complainant, the O.P. No.2 has committed deficiency in service and as such, it is liable to compensate the complainant for the mental agony, physical harassment and financial loss caused to him. It may be stated that the compensation sought for by the complainant is very excessive and the same cannot be granted. In our view the end of justice would be met if the O.P. No.2 is directed to pay a lum-sum amount of Rs.15,000/- to the complainant. Since the complainant has neither hired the services of the O.P. No.1 nor had paid any consideration amount for it, therefore, the complainant cannot be said to be consumer qua it, as such, no liability can be fastened against it and the complaint filed against it is liable to be dismissed.

7.                 In view of the aforesaid discussion, we dismiss the complaint against O.P. No.1 and partly allow the same against O.P. No.2 and direct it to pay Rs.15,000/- to the complainant within a period of 30 days from the date of receipt of the certified copy of this order.

8.          The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.

 

                   ANNOUNCED                                                                       (NEENA SANDHU)

                   Dated .07.08.2017                                                PRESIDENT

 

         

                                                                    (SHAVINDER KAUR)

                                                                                       MEMBER