Punjab

Sangrur

CC/780/2022

M/s B.T.Traders - Complainant(s)

Versus

M/s Trackon Courier Pvt. Ltd. - Opp.Party(s)

Sh. Ajay Kumar Bansal

26 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.    780

                                                Instituted on:      15.11.2022

                                                Decided on:       26.11.2024

 

 

 

M/s. B.T. Traders, Ajit Nagar, Barnala Phatak, Sangrur through its Prop. Vivek Bansal aged 29 years.

                                                        …Complainant

                                Versus

 

1.             M/s. Trackon Courier Private Limited, A-64, Naraina Industrial Area, Phase-I, New Delhi 110028 through its authorised signatory;

2.             M/s. Trackon Courier, Shop No.95, Kaula Park, Sangrur 148001 through its authorised signatory.             

…Opposite parties

 

For the complainant    :               Shri Ajay Bansal, Adv.

For OPs                    :               Shri Amit Goyal, Adv.

 

Quorum                                           

Jot Naranjan Singh Gill, President

Sarita Garg, Member

                        Kanwaljeet Singh, Member

 

ORDER

SARITA GARG, MEMBER:

 

1.             Complainant has preferred the present complaint against the opposite parties on the ground that the complainant got booked a parcel containing some goods valuing Rs.86856.26 on 5.5.2022 vide consignment number 500208089768 and the OPs assured that the same will be delivered at Tamilnadu within a short period to the addressee. The grievance of the complainant is that the same has not been delivered to M/s. Geetha Engineer & Manufacturer i.e. addressee despite the fact that a period of more than three and half months has elapsed on the date of filing of the present complaint.  When the complainant approached the OPs, then they failed to give any satisfactory reply. Thus, the complainant has prayed that the OPs be directed to pay an amount of Rs.86586.26 alongwith courier charges with interest @ 12% per annum and further to pay an amount of Rs.2,00,000/- for compensation for physical harassment and mental agony and further to pay an amount of Rs.50,000/- as litigation expenses.

2.             In reply filed by the OPs, preliminary objections are taken up on the grounds that present complaint has been filed by BT Traders whereas the consignment in question was got booked by one Bansal Tools for Kovilpappakudi, Tamil Nadu on 05.05.2022, as such the complainant has not locus standi to file the present complaint, that the complaint of the complainant is false and frivolous and that the instant complaint is devoid of any merit as the complainant has failed to make out any case against the OPs. It is stated further that the OPs have made known their liability by very categorically declaring on the front page of the booking receipt which reads “if not covered by special risk surcharge, claim value on this shipper shall in no circumstances exceed Rs.2000/- for parcels and Rs.100/- for packet of documents.” On merits, it has been admitted that the consignment was got booked by the complainant in the ordinary way and no declaration was made that the same contained any goods as alleged. The complainant has failed to produce any documentary proof that he sent the same through the OPs. The OPs had no knowledge of the actual content of the consignment as packing was done by the consignor himself in which the OPs had no role to play. Unless and until the invoice written declaration and other related documents are furnished by the consignor the OPs have no means to know anything about the contents of a consignment. It is stated further that the consignment booked in the ordinary way, caught fire while the same was being brought to Delhi for onward transmission in Delhi. A General Diary was got recorded at PS Delhi Cantt on the same day on 06.05.2022 to the effect that the vehicle Eicher Canter bearing number DLLAB7391 caught fire resulting in damage of some consignments including the consignment in question in the present complaint.  A report was lodged by the concerned delivery person of the OPs the same day with Haryana Police Citizen Portal under registration number 13239071170168. It is further averred that the consignor Bansal Tools was duly informed about the said unfortunate loss of his consignment and was also offered four times the courier charges as per booking terms and conditions of the OPs for undeclared consignment to which the consignor had agreed.  The other allegations levelled in the complaint have been denied. Lastly, the OPs have prayed that the complaint be dismissed.

3.             The learned counsel for the complainant has produced Ex.C-1 self attested affidavit, Ex.C-2 copy of bill, Ex.C-3 copy of consignment receipt, Ex.C-4 copy of E-bill, Ex.C-5 copy of tracking status, Ex.C-6 copy of aadhar card, Ex.C-7 copy of legal notice, ExC-8 and Ex.C-9 copies of postal receipts and closed evidence. On the other hand, the learned counsel for the OPs has produced Ex.OPs/1 self attested affidavit, Ex.OPs/2 copy of DDR and Exs.OPs/3 copy of sample courier receipt and closed evidence.

4.             We have  perused the complaint, written reply and heard the arguments of the learned counsel for the parties.

5.             It is an admitted fact that the complainant availed the services of the OPs by getting booked his consignment vide receipt dated 25.05.2022 by paying the requisite consideration for onward delivery to the addressee in Tamilnadu.  It is further an admitted fact that the said packet was damaged by fire during transit, as such the consignment could not be delivered to the addressee. Further the learned counsel for the Ops has contended vehemently that the maximum liability of the OPs is Rs.2000/- only in case of any damage of the article/parcel. But we are unable to go with the contention of the learned counsel for the OPs. The complainant has produced Ex.C-2 copy of the tax invoice showing the goods value to the tune of Rs.86,857.20, Ex.C-3 is the copy of courier receipt and Ex.C-4 is the copy of E-Way bill. Ex. C-7 is the copy of legal notice served upon the OPs, whereas Ex.C-8 and Ex.C-9 are the copies of the postal receipts.

6.             The Ops have produced on record the copy of the booking receipt and it has been observed that on the face of this it has been mentioned that “ in case of uninsured, maximum liability for shipment valued upto Rs.1 Lakh will be Rs.3000/- or 3% whichever is lower".  But since the present consignment got damaged during the transit due to fire of the vehicle carrying the consignment, we find that the OPs are liable to pay to the complainant the cost of consignment as it is a clear cut case of negligence and deficiency in the service on the part of the OPs. In the circumstances, we are of the considered opinion that the Ops are liable to make the loss good to the complainant by paying the compensation thereof. The complainant suffered mental tension and harassment and financial loss due to this reason.  In the circumstances, we find it to be a case of deficiency in service on the part of the OPs.

7.             In view of our above discussion, we allow the complaint of the complainant and direct OPs to pay to the complainant an amount of Rs.86,856/- being the cost of goods contained in the parcel in question and further to refund to the complainant the courier charges so recovered from the complainant. Further the Ops are directed to pay Rs.5000/- as compensation for mental tension agony and harassment and litigation expenses.

8.             This order of ours be complied with within a period of 45 days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

                        Pronounced.

                        November 26, 2024.