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 he is a senior citizen of 83 years old and his daughter is residing in Canada. His daughter was not feeling well in Canada, so she requires medicine from the complainant and for this, the complainant purchased the medicines worth Rs.1686/-, copy of bill is enclosed. Thereafter, on 11.10.2022 the complainant went to Opposite Party for sending the said medicines to his daughter through Opposite Party and for this, the Opposite Party charged Rs.3400/- as charges and issued receipts against this and the Opposite Party assured that the said courier will be delivered to the addressee within 15 days. But it is very unfortunate, that said courier has not been delivered to the addressee till date. The complainant visited the shop of the Opposite Party time and again to know the reason, but to no affect. So there is deficiency in service and unfair trade practice on the part of the Opposite Party. Vide instant complaint, the complainant has sought the following reliefs.
- To direct the Opposite Party to refund the amount of
Rs.3400/- charged by them on account of courier charges and also to pay Rs.1686/- i.e. the costs of medicines and also to pay Rs.50,000/- as compensation for causing him mental tension and harassment or other relief which this District Consumer Commission may deem fit and proper may be awarded to the complainant.
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 courier receipt Ex.C4 and closed the evidence.
4. We have heard the Complainant and have carefully gone through the evidence on record.
5. From the appraisal of the evidence on record, it becomes evident that he is a senior citizen of 83 years old, copy of aadhar card is placed on record as Ex.C2. It is the case of the complainant that his daughter is residing in Canada and she was not feeling well in Canada, so she requires medicine from the complainant and for this, the complainant purchased the medicines worth Rs.1686/-, copy of bill is enclosed as Ex.C3. Thereafter, on 11.10.2022 the complainant went to Opposite Party for sending the said medicines to his daughter through Opposite Party and for this, the Opposite Party charged Rs.3400/- as charges and issued receipts against this, copy of which is Ex.C4 and the Opposite Party assured that the said courier will be delivered to the addressee within 15 days. But it is very unfortunate, that said courier has not been delivered to the addressee till date. The complainant visited the shop of the Opposite Party time and again to know the reason, but to no affect and hence, deficiency in service is writ large on the part of the Opposite Party. 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 courier receipt Ex.C4. 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. On this count, the Complainant prayed for the refund of the amount of
Rs.3400/- charged by the Opposite Party on account of courier charges and also to pay Rs.1686/- i.e. the costs of medicines and also to pay Rs.50,000/- as compensation for causing him mental tension and harassment or other relief which this District Consumer Commission may deem fit and proper may be awarded to the complainant, but we are of the view that the claim for compensation to the tune of Rs.50,000/- appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would be fully met if the complainant is awarded lump-sum compensation to the tune of Rs.2,000/- and we award the same accordingly.
7. In view of the aforesaid facts and circumstances of the case, we allow the complaint of the complainant against the Opposite Party and the Opposite Party is directed to refund the amount of Rs. 5,086/- (five thousands eighty six only) to the complainant i.e. (Rs.3,400/- charged by the Opposite Party on account of courier charges and Rs.1,686/- i.e. the costs of medicines) alongwith interest @ 8% per annum from the date of filing the present complaint i.e. 10.01.2022 till its actual realization. Opposite Party is also directed to pay Rs.2,000/- (Rupees two thousands only) as lumpsum compensation to the complainant. 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.
Dated: 10.05.2022.
(Aparana Kundi) (Mohinder Singh Brar) (Amrinder Singh Sidhu)
Member Member President
