In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No.95/2011.

1)                   Dr. Vidyanathan Lakshman,

            The Tolly Residency,

            338, N.S.C. Bose Road, Kolkata-47                                ---------- Complainant

---Versus---

1)                   M/s. GATI Ltd.,

            C/o. GATI Cargo Management Service,

            P-18, Taratalla Road, BaseBridge,

Kolkata-88,  P.S. Taratalla.                                                                     ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

Order No.   23    Dated  25/09/2013.

          We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant is a General Surgeon, practicing in the city of Calcutta for more than 20 years, he is also attached to Kothari Medical Centre, Alipore Road, Kolkata.

            Complainant hired for valuable consideration the service sold by o.p. for transferring 4 parcel containing gift (hand craft) items from Thanjavur to Kolkata.  Complainant paid a sum of Rs.5300/- in cost to the o.p.

            Complainant states that on Friday the 5^th of Feb.,2010 the marriage ceremony of his only daughter named Nishikala was fixed at Kolkata and the reception was fixed on Saturday, 6^th Feb.2010 at Kolkata.

            Since his only daughter was getting married the complainant had made elaborate arrangement at his residence, The Tolly Residency where the marriage ceremony took place and also at the evening Free Masons, Park Street, where the reception was organized and an evening dinner party was thrown.

            For the aforesaid occasion the complainant had invited a large number of distinguished guests from all over the country including distinguish physicians, colleagues, businessman, bureaucrats, sportsman, professionals and other friends and relatives to attend the occasion at Kolkata.

            Complainant intended to give some gifts to some of his distinguished guests when they will attend the marriage ceremony on 5^th & 6^th Feb.2010 at Kolkata.

            Complainant had already informed many of his colleagues that they would be receiving a beautiful gift item when they would attend the ceremony. Thus even before the marriage took place it was of common knowledge and gossip among the complainant intimate circle of colleagues, friends and acquaintants that they would receive a gift item at the ceremony.   

            For the purpose of such gift, complainant had purchased 100 pieces of hand crafted small idol on 28.1.10 from M/s G. Manickam Sneka Wood Works, Thanjavur. The aforesaid gifts were packed in four parcels and handed over to o.p. at Thanjavur. Four parcels were marked by o.p. as Parcel no.721715550-51-52 & 53. Four parcels were booked on 28.1.10 and the assured date of delivery at Kolkata at his residence in NSV Bose Road, Kolkata was 3.2.10. O.p. specifically undertook to deliver the gift items to the complainant at Kolkata on 3.2.10 without fail, the assured date of delivery is marked on the receipt as well as the sticker on the parcels.

            The marriage being on 5^th, the complainant was specifically assured by o.p. that the parcels containing gift items would reach Kolkata definitely by 3.2.10. The gift items did not reach the complainant at Kolkata on 3.2.10 and complainant became very anxious, he rushed to the office of o.p. at Kolkata to enquire about his parcel but the same could not be traced nor any information could be gathered.

            The gifts items did not reach Kolkata on 3.2.10, 4.210, 5.2.10 and 6.2.10 the marriage was over, all the guests started to leave, ultimately left and thereafter the parcel reached only on 8.2.10 at 4-10 p.m. when the wife of the complainant Mrs. Lakskhmi Lakshman refused to take delivery an returned the parcel on protest along with letter of protest duly received and acknowledged by the employees of o.p. Mr. Sanjay Tiwari who had brought the parcels. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:

            In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiency in service being a service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against the o.p. O.p. is directed to pay to the complainant compensation of Rs.60,000/- (Rupees sixty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.