NCDRC

NCDRC

RP/3934/2011

DR. B.K. GUPTA - Complainant(s)

Versus

M/S. TRACK ON COURIER PVT. LTD. & ORS. - Opp.Party(s)

MR. SAGAR SAXENA & S.K. ROY

11 Mar 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3934 OF 2011
 
(Against the Order dated 16/08/2011 in Appeal No. 865/2010 of the State Commission Haryana)
1. DR. B.K. GUPTA
S/o Sh Shyam Lal Gupta, R/o Gupta Eye Hospital, 332-R,Model Town
Panipat
Haryana
...........Petitioner(s)
Versus 
1. M/S. TRACK ON COURIER PVT. LTD. & ORS.
C-114 Nariana Indrustrial Area Phase-I. Through its Assitant General Manager
New Delhi - 110020
2. Trackom Couriers Private Ltd
589 Community Center Nariana,Indrustrial Area, Phase-I
New Delhi
3. Mr. Dinesh Rautela
589 Community Center Nariana,Indrustrial Area, Phase-I
New Delhi
4. Trackon Courier Pvt Ltd
Near HDFC bank, G.T Road,Panipat, through its Franchisee, Mr Pradeep Jain
Panipat
Haryana
5. Sh Arvind, Branch Manager of Track on Courier Private Ltd.,
Branch office at Bhisan Sarup Colony, opp Deep Hotel
Panipat
Haryana
6. M/s Matrix Cellur International Services Pvt Ltd.,
Khullar Forms Mandi Road, Mahrauli
New Delhi
7. Dr Gaggan Duggal, M.D Of M/s matrix Cellular International Services Pvt Ltd.,
Khullar Farms, Mandi Roads, Mehrauli
New Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr.Sagar Saxena, Advocate
For the Respondent :MR. ATANU SAIKIA
MR. ATANU SAIKIA
MR. ATANU SAIKIA
MR. ATANU SAIKIA

Dated : 11 Mar 2013
ORDER

Petitioner had sent the mobile handset provided to him along with the sim card to Matrix Cellular International Services Pvt. Ltd. through Trackon Courier Pvt. Ltd., which was not delivered.  Matrix Cellular International Services Pvt. Ltd. raised a bill of Rs.22,031/- on account of misuse of the mobile handset.  Petitioner filed the complaint against the Courier company as well as the service provider. 

District Forum allowed the complaint and directed the courier company to pay a sum of Rs.21,650/- to the petitioner with a compensation of Rs.5,000/-.  Rs.2,200/- were rewarded as costs. 

Courier company preferred appeal, which has been allowed on the ground that telecom matters do not fall within the jurisdiction of the consumer forum. 

3

 

Courier company, which is Respondents No.1 to 4, have been served and are represented. 

District Forum had allowed the complaint against the courier company only.  In that order, it was the courier company which was required to pay the amount.  There was no dispute between the petitioner and the service provider, i.e., Matrix Cellular International Services Pvt. Ltd.   

We agree with the contention raised by the petitioner that the State Commission has misunderstood the dispute raised by the petitioner.  Petitioner’s dispute was with the courier company and not with the service provider.  Since the dispute is between the complainant/petitioner and the courier company, the complaint filed by the petitioner against the courier company was maintainable and could not be dismissed on the ground that the dispute was a telecom dispute and the consumer fora could not entertain the same in view of the law laid down by the Supreme Court in General Manager, Telecom vs. M. Krishnan & Anr. – (2009) 8 SCC 481.

 

For the reasons stated above, the revision petition is accepted.  Order of the State Commission is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law. 

 

Parties, through counsel, are directed to appear before the State Commission on 8.4.2013.

4

 

All contentions are left open.

Nothing stated herein be taken as an expression of opinion.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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