Order No.  7  dt.  07/06/2017

       The case of the complainant in brief is that the complainant consigned a packaged goods through o.ps. and for the purpose of sending the said goods the complainant paid charges of Rs.200/-. The complainant handed over the said goods to o.ps. for delivery on 28.9.15, but the said consignment was not delivered by o.ps. to the said consignee for a long period of time. After some days the said consignment was returned to o.p. no.1 in damaged condition. After seeing the damaged condition of the consignment the husband of the complainant contacted the o.p. no.2 for return the said package and refund the charges. The complainant subsequently demanded the said consignment but o.p. no.2 failed and neglected to hand over the same. On the basis of the said fact the complainant filed this case praying for compensation of Rs.2,41,810/-.

            In spite of receipt of notices the o.ps. did not contest the case by filing w/v and as such, the case has proceeded ex parte against the o.ps.

            The complainant has adduced evidence whereby he stated the fact that the complainant handed over a consignment to o.ps. for delivery the same to Gurgaon and for such purpose the complainant paid an amount of Rs.200/-. The said consignment was not delivered and the consignment was found in damaged condition. The complainant demanded the said consignment but o.ps. did not return the said consignment. In view of the said fact the complainant filed this case praying for compensation.

            Considering the evidence on record it appears that the complainant failed to state the nature of articles sent in the said consignment. Only receipt was filed wherefrom it is evidence that the complainant paid an amount of Rs.200/- towards the charges. The complainant though claimed that the consignment did not reach to the consignee but no evidence has been led by the complainant. Only some stray allegation has been levelled against o.ps. At the time of hearing of the case ld. lawyer for the complainant admitted that the consignment was returned to the complainant but the complainant in the complaint petition stated that the consignment was not handed over. The contradictory stand taken by the complainant create suspicion in our mind whether the complainant actually received the consignment after return and conceal the said fact in order to claim compensation from o.ps. Since the complainant did not come with clean hands, therefore it is hardly believable that the consignment was not delivered or there was any damage or after return the consignment was not handed over to the complainant. In view of such facts and circumstances of the case since the complainant paid Rs.200/- towards the consignment charge, therefore we hold that the complainant will be entitled to get the refund of the said amount from o.ps. Thus the case is disposed of accordingly.

            Hence, ordered,

            That the CC No.261/2016 is allowed ex parte with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund a sum of Rs.200/- (Rupees two hundred) only to the complainant within 30 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.   

            Supply certified copy of this order to the parties free of cost.