CONSUMER DISPUTES REDRESSAL COMMISSION – X

                           GOVERNMENT OF N.C.T. OF DELHI

                     Udyog Sadan, C – 22 & 23, Institutional Area

                                       (Behind Qutub Hotel)

                                        New Delhi – 110016

  Case No: 195/2020

Mr. Naveen Chauhan

Address: A1/59, 3^rd Floor

Freedom Fighter Enclave

IGNOU Road Neb Sarai

New Delhi-110068                                                 …..COMPLAINANT

Vs.   

M/s FEDFX Express TSCS (India) Pvt. Ltd.

Corporate Office:

Block B, Mohan Cooperative Industrial Estate Badarpur

 New Delhi-110076.                                                     …..RESPONDENTS

          Date of Institution-24.11.2020

          Date of Order- 13.09.2024

  O R D E R

RITU GARODIA-MEMBER

1. Brief facts as stated in the complaint are that the complainant was to receive a consignment from Mr. Balwant Singh, a solicitor practising in London through his Law firm-HSBS Law Solicitors & Notary Public. On 10.08.2020, Mr. Balwant Singh booked a consignment containing legal documents through OP company vide tracking no.811466209100. The consignment was dispatched from SLOUGH, London, Great Britain to the address of the complainant.

2. The complainant did not receive the said consignment and hence contacted Mr. Balwant Singh.  On 11.09.2020, Mr. Balwant Singh sent an e-mail to the complainant with delivery report. As the complainant had not received the consignment, he enquired about the said consignment from the Fedex Delhi office

3. On 12.09.2020, the ^complainant sent an email to OP Fedex  office, Delhi, through its official email ID on ‘india@fedex.com’ and lodged a complaint bearing No.0912003105.  The Fedex customer care representative gave assurance to the complainant that they would fully search and deliver the consignment as soon as possible.

4. On 16.09.2020, an employee of FedEx at the local office, namely Mr. Gopal, contacted the complainant to inform him of the delivery of the consignment at the complainant's address. The complainant subsequently requested Mr. Gopal to visit his address and identify the individual to whom the consignment was delivered. On 16.09.2020, Mr. Gopal visited the complainant’s address at approximately 5:00 p.m.; however, he was unable to identify the individual referenced in the delivery report.

5. Thereafter, several emails were exchanged between the parties. The complainant was reassured by the OP that an investigation was being conducted. Despite this, no resolution was reached, prompting the complainant to issue a legal notice dated 09.10.2020.

6. The complaint prays for refund of Rs.5,00,000/- with interest @24%, Rs. 1,00,000/- for mental agony and harassment, Rs.2,00,000/- for litigation and Rs.1,00,000/ for harassment and wastage of time  with interest @24%.

7. The complainant has filed its evidence by way of affidavit and exhibited the following documents:-

1. Copy of receipt is exhibited as Ex.PW1/1.
2. Copy of delivery report is exhibited as Ex.PW1/2.
3. Copy of email is exhibited as Ex.PW1/3.
4. Copy of legal notice is exhibited as Ex.PW1/4.

8. Notice was issued to OP, but none appeared.  OP was proceeded ex-parte vide Order dated 27.02.23.

9. The Commission has considered the documents on record.  The international airway bill dated 11/08/2020 shows that paper documents were sent by Mr. Balwant Singh to the complainant, Mr. Naveen Kumar, vide Express Package Service on a priority basis.  The payment was made by the sender.  The documents were to be received by the complainant making him the beneficiary in this complaint.

10. OP vide letter dated 10.09.2020 sent a delivery information which is as follows- 

Status: DeliveredDelivered to:Residence

Signed for by:R.AKWATIDelivery Location:New Delhi, DL

Service type:International Priority

Special Handing:Delivery weekday;Delivery date: 13.08.202014.50

Tracking number811466209100Ship date:11.08.2020

11. The complainant in his various emails requested OP for the consignment in dispute.  OP vide email dated 12.09.2020 stated that an investigation has been initiated.  OP replied in the same vein in email dated 16.09.2020, 21.09.2020, 23.03.2020 and 29.09.2020. 

12. It is evident that a priority consignment was booked from London to Delhi.  The track report shows that the consignment was delivered to one ‘Rakwati’ in Delhi.  The complainant states that no delivery was made.  He even invited the delivery person of OP on 16.09.2020 to identify the person to whom the delivery was made.  The said delivery person could not identify anyone to whom the delivery was made.  OP despite carrying out investigations failed to share the investigation report with the complainant or provide particulars as to the whereabouts of the booked consignment. 

13. Hence, we find OP guilty of negligence and deficiency in service and direct it to pay Rs.30,000/- towards mental harassment and physical inconveniences. We also direct OP to pay Rs.5,000/- towards litigation expenses.

14. Order be complied with within 30 days failing which the said Order will carry an interest @9% from the date of Order till realization.

15. Order to be uploaded and file be consigned to record room.