PRESENT
Complainant by Adv. Shababa Sothe present.
Oppoent by Adv. Shri.Mogra present.
ORDER
(Per- Mr. S. D. MADAKE, Hon’ble President)
1. The complainant alleged that he booked the documents connected with the extension of the Furlough Period with opposite party on 29/8/2011 addressed to Jail Supdt. The opponent assured that said consignment shall reach on the following day i.e 30/8/2011.
2. The complainant was an accused in Bombay Bomb Blast case No. 1/1993 and was in jail since April 1993. He was convicted by Designated court on 24/7/2007. He filed appeal against said Judgment before Hon. Apex Court.
3. He submitted application for release on furlough which was allowed and he was released on furlough for 14 days. He applied by this letter during his furiough period for extension for 14 days on the ground of illness of his mother.
4. The complainant stated that said letter was sent to Deputy Inspector General (Prison) Aurangabad through opponent. There was clear understanding regarding urgency and opponent assured that delivery shall be made in 24 hours.
5. The complainant alleged that courier was delivered on 7th September, 2011 instead of next day as assured by opponent. The complainant suffered mental agony and untold hardship due to deficiency in service. He claimed an amount of Rs. Three lacs towards compensation for mental agony and cost from opposite party.
6. The opposite party filed written statement and denied allegations made in the complaint. It is stated that courier service was availed by complainant which was ordinary service to long distance Aurangabad.
7. The opponent stated that complaint is filed merely to harass the courier Company in order to illegally grab huge money. The Furlough period expired on 9/9/2011 and courier was served on 7/9/2011 well within time.
8. The opponent never assured for delivery within 24 hours as alleged and no liability can be imposed on opponent for rejection of application for furlough. All allegations are specifically denied and prayed for dismissal of complaint with cost.
9. Perused complaint, written statement, affidavit of evidence, written argument and documents on record.
10 Perused copy of release order dated 25/8/2011, letter dated 29/8/2011 for extension of period addressed to Jail Authority with medical certificate of his mother, booking dated 29/8/2011 on payment of Rs. 40/-
11. Perused terms and conditions of opponent Company, relating to liability of Company relating to delivery. Admittedly the service of opponent were availed on 29/8/2011 for delivery of consignment and delivery was made on 7/9/2011.
12. The letter was addressed from Andheri Mumbai and was sent to Aurangabad in ordinary course of business. Letter is delivered usually within three days. Considering the distance of Mumbai to Aurangabad.
13. The letter was delivered after nine days, which is not just and proper service. There are daily all types of transport service from Mumbai to Aurangabad for 24 hours. In view of this delay in delivery is unjustified even by ordinary post.
14. The complainant is entitle for reasonable amount of compensation for deficiency in service on the part of opposite party. The opponent is not entitle to limit liability by writing terms and conditions on overleaf in very small letters without explaining to the consumer.
15. The complainant is also not entitle for claim as stated in prayer clause. The opponent cannot be held liable for rejection of furiough as letter was delivered two days prior to completion of 14 days. The opposite party's liability is only for unreasonable time for delivery of letter, which was important.
16. Considering the law laid down by Section 73 of Contract Act, we award compensation of Rs. 12,500/-(Twelve thousand five hundred) for deficiency in service payable by courier Company to complainant.
17. In the result, we pass the following order.
ORDER
1. RBT complaint No. 503/2011 is partly allowed.
2. M/s. Trackon Couriers Pvt. Ltd. is directed to pay Rs. 12,500/-(Twelve thousand five hundred) to complainant as compensation
with interest at 9% p.a. from the date of admission of complaint i.e. 4/1/2012 till payment.
3. No order as to cost. .
4. Copy of this order be sent to both parties. .
