Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has stated that on 16^th day of April, 2012 he sent three bags in which one bag having 3000 pcs. Of washer valued of Rs.15,300/- another bag having 200 pcs. of washer valued of Rs.1,020/- and the third bag having 2062 pcs. aluminium pins valued at Rs.42,068/- i.e. total amount of Rs.58,388/- through the OP M/s. Rao Courier Service vide Consignment Note 7070, 7071, 7072 addressed to Bhaskar Steel & Ferro Alloy Ltd., Rourkela, but it is alleged by the complainant that the said goods were not delivered to the addressee till date.  On several occasions the complainant contacted the OP at their head office and also its Regional Office for information about the delivery of goods and to obtain the delivery receipt of the same.  but the OP in spite of giving assurances to hand over the delivery receipt to the complainant neither handed over the delivery receipt nor produces any proof of delivery of the goods.  Hence, this case.

          Fact remains the complainant took all initiatives for serving the notice upon the OP and ultimately considering the entire records it appears that notice was duly served upon the OP what is apparent from the postal internet status report as filed by the complainant which is within the record.  But anyhow even after receipt of the said notice of this case, the OP did not turn up.

          Since, the OP did not appear to defend the allegation of the complainant, ultimately for its non-appearance before the Ld. Forum to contest, the case is heard ex parte.

Decision with Reasons

On an indepth study of the complaint and on comparative evaluation of the material documents as filed by the complainant, it is undisputed fact that the complainant sent 3(three) bags of materials/good amounting to Rs.58,388/- to Bhaskar Steel & Ferro Ltd. Rourkela through the OP/M/s. Rao Courier Service vide consignment note nos.7070, 7071, 7072 dated 16-04-2012, 21-04-2012 and 25-04-2012 respectively.  The main grievance of the complainant is that he visited the Regional office and Head Office of the OP on several occasions asking them to hand over the receipt of delivery of goods but in spite of assurances given by them, they never handed the delivery receipt to the complainant petitioner.  Finding no other alternative he also served legal notice upon the OP on 25-03-2013, but they did not pay any heed to the matter.

          We have heard the complainant and perused the documents on records and evidence which support the case of the complainant. 

          On careful consideration of the materials and the evidence led by the complainant, we are of the view that since the case of the complainant is not unchallenged by the OP so there is no reason to disbelieve the unchallenged testimony supported by documentary evidence of the complainant.

          Thus, we are of the view that the petitioner/complainant have definitely been harassed due to irresponsible act of OP/Courier service who failed to hand over the proof of delivery receipt of goods/materials which was sent through them for delivery to the addressee at Rourkela.  Such an act of failure on the part of the OP to deliver the goods/materials to the addressee caused deficiency and unfair trade practice which falls u/s.2(1)(g) and (r) of the C.P. Act, 1986 and so the OP is liable either to pay the loss of the complainant or to hand over the delivery receipt of the goods as prayed by the complainant and also to pay litigation cost and compensation to the complainant for such deficiency and unfair trade practices on its part.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OP with a litigation cost of Rs.2,000/- only.

          OP is directed to pay the loss of the complainant the value of goods i.e. Rs.58,388/- or to hand over the delivery receipt of the goods to the complainant.  The OP is also directed to pay compensations of Rs.10,000/- to the complainant for causing harassment and mental pain and agony.

          If the OP fails to comply the order within stipulated period as per spirit of the order, in that case for each days delay punitive damages @Rs.100/- per diem shall be charged and assessed against the OP till full satisfaction of the decree and if the said amount is collected, the amount shall be deposited to the State Consumer Welfare Fund of this Office on proper receipt.  Even if the OP willfully neglects to comply, penal action/proceeding shall be initiated u/s.27 of the C.P. Act, 1986.

          Complainant to send the copy of judgment to the OP at once for compliance.