Tamil Nadu

North Chennai

CC/56/2016

Mr.P.Balamurugan - Complainant(s)

Versus

M/s.Blue Dark Express Ltd - Opp.Party(s)

M.chidambaram

10 Aug 2017

ORDER

 

                                                            Complaint presented on:  08.02.2016

                                                                Order pronounced on: 10.08.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    THIRU.M.UYIRROLI KANNAN, B.B.A., B.L., MEMBER - I

 

THURSDAY THE 10^th DAY OF AUGUST 2017

 

C.C.NO.56/2016

 

 

Mr.P.Balamurugan,

S/o.S.Pandurangan,

No.774/775, Tamil Nadu,

Housing Board Colony,

Sithalapakkam, Chennai – 600 126.

                                                                                    ….. Complainant

 

..Vs..

1. M/s. Blue Dart Express Ltd.,

Rep. by its Company Secretary,

No.11, Statue Quo/Old No.38,

Streling Road, Nungambakkam,

Chennai – 600 034.

 

2.The Manager,

Credit Card Division,

Standard Chartered Bank,

Customer Care Unit,

No.19, Rajaji Salai,

Chennai – 600 001.

 

 

.....Opposite Parties

Date of complaint                                 : 06.05.2016

Counsel for Complainant                      : M/s. M.Chidambaram, R.Meena

                                                                 A.Q.Choudhury & R.Pavithra

 

Counsel for 1st Opposite Party                : M/s. A.John Britto, R.Ramalingam 

 

Counsel for 2^nd Opposite Party             : Ex - parte

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to order that the non-delivery of credit card is illegal and further to direct the 1^st Opposite Party  to pay  compensation for non operating credit card and mental agony with cost of the complaint  u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant is one of the regular customers of Standard Charted Bank for the past 8 years. Since the complainant’s earlier credit card was damaged, he applied for a new credit card before the Standard Charted Bank/ 2^nd opposite party herein. The 2^nd opposite party sent the New Credit Card to the complainant on 07.02.2015 through the 1^st Opposite Party courier in way bill No.33106857394. The said consignment reached Chennai on 08.02.2015. In order to deliver the consignment, the 1^st opposite party staff went to the complainant’s office and without verifying the complainant’s presence and conducting any enquiry, the 1^st opposite party staff simply left the office by saying that the complainant was not available at the time of delivery time. According to the 1^st opposite party staff’s report, the complainant was not available in the seat; the said staff might have enquired about the complainant in the neighbouring seat person or at least the said staff ought to have rang up to the complainant. Without making any attempt to find out the presence of the Complainant, the 1^st opposite party staff simply sent SMS to the complainant on 10.02.2015.  The 1^st opposite party office kept the consignment in its office and returned it to the 2^nd opposite party’s Head Office at Mumbai on 18.02.2015.

2. On 26.02.2015 the complainant contacted the 1^st opposite party office about the delivery of credit card. Due to non delivery of credit card the complainant suffered a lot in between 10.02.2015 to 18.02.2015. The complainant father is a Real Estate Man who used the complainant credit card  for his business and due to non delivery of card, the complainant suffered loss to the tune of Rs.2,00,000/- in that business. The complainant issued notice for the deficiency committed by the 1^st Opposite Party. Therefore the Complainant filed this complaint to direct the 1^st Opposite Party to pay compensation for loss in the business and for mental agony with cost of the complaint.

3. WRITTEN VERSION OF THE 1^st OPPOSITE PARTY IN BRIEF :

          On 07.02.2015 the 2^nd opposite party Standard Chartered Bank at Mumbai the consignor booked the consignment addressed to the consignee, the complainant herein at Chennai. The consignment in Air Way Bill No.33106857394 arrived at Chennai on 08.02.2015. When the staff of the 1^st opposite party attempted for the delivery of consignment on 09.02.2015, the complainant was not available at the provided address. Being the consignment contains credit card the staff of the 1^st opposite party returned since the complainant was not available to receive the consignment. Further on 10.02.2015 SMS  was sent to the complainant  by the 1^st opposite party about the consignment. But the complainant did not respond to the SMS and the complainant failed to contact the 1^st opposite party’s staff as per the SMS. If the complainant contacted on receiving the SMS, the 1^st opposite party could have delivered the consignment to the complainant on 10.02.2015 itself or on the next day. Further even on 11.02.2015 tele calling attempts were made from the 1^st opposite party and unable to reach the complainant since the mobile phone of complainant was switched off.

          4. Thereafter, after waiting till 18.02.2015, as the complainant had not claimed the credit card from the 1^st opposite party office, he had returned the consignment to the sender/2^nd Opposite Party and hence the 1^st opposite party has not committed any deficiency in service and prays to dismiss the complaint with costs.

5. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1

          It is an admitted fact that the complainant is a customer of the 2^nd opposite party and he was using credit card issued by the said 2^nd opposite party/bank and   the said card was damaged, he applied for  a new credit card before the 2^nd opposite party/bank and the 2^nd opposite party sent the new credit card of the complainant on 07.02.2015 through the 1^st opposite party/courier and the said consignment was  reached Chennai on 08.02.2014 and in order to deliver the  said consignment the 1^st opposite party went to the complainant office and he did           not find the complainant and hence he returned the consignment  to his office and thereafter sent an SMS on 10.02.2015 and thereafter the consignment was with the 1^st opposite party till 18.02.2015 and on the same day it was returned to the 2^nd opposite party and thereafter the complainant sent Ex.A5 notice to the 1^st opposite party and the 1^st opposite party sent Ex.A6 reply to him and thereafter the complainant filed this complaint.

          7. The complainant alleged deficiency against the 1^st opposite party is that “the 1^st opposite party who had received the consignment is credit card from the 2^nd opposite party for delivery to the complainant and he had not delivered the same in spite of that he was having the custody of the credit card with him during the period 10.02.2015 to 18.02.2015.

          8. The complainant admits that the consignment of his credit card reached Chennai 08.02.2015 and the 1^st Opposite Party staff went to the complainant office to deliver the consignment. Further, the complainant was not available in the address given in the consignment. Hence the 1^st opposite party staff gave an SMS on 10.02.2015 in respect of the consignment. Having the complainant admits that the 1^st opposite party staff came to his office for delivering the consignment and in respect of the same on SMS was also sent to him on 10.02.2015 proves that the 1^st opposite party staff had taken diligent steps to deliver the consignment to the complainant. However, the complainant had not taken delivery of the consignment till 18.02.2015; the consignment was returned to the 2^nd opposite party. On 26.02.2015 only the complainant contacted the 1^st opposite party.  The complainant having received SMS on 10.02.2015 itself, at least he could not have contacted the 1^st opposite party in a day or two or in a week taken delivery of the consignment. Therefore, it is the complainant only failed to take delivery of the consignment from the 1^st opposite party inspite of that he is having sufficient knowledge about the consignment is with him and therefore it is held that no deficiency committed by the 1^st opposite party in delivering the consignment.

          9. The complainant further alleged that his father who is Real Estate Man was using his credit card and because of the credit card has not delivered, he had sustained loss for a sum of Rs.2,00,000/-. The credit card issued only to the complainant and not to his father. The credit card or debit cards should be used only by the person to whom it was issued. Therefore the complainant allowing his father to use the credit card is wrong. Therefore from the forgoing discussions we hold that the 1^st Opposite Party has not committed any deficiency in service to the complainant. No relief sought in the complaint in respect of the 2^nd opposite party.

10. POINT NO: 2

Since the Opposite Parties have not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 10^th day of August 2017.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated NIL                     Complainant’s Educational Qualifications

Ex.A2 dated 02.02.2016                   Complainant’s Post at Polaris Group company

Ex.A3 dated NIL                     Complainant’s Credit Card Statement

 

Ex.A4 dated 07.02.2015                   Dealing of the complainant with the 1^st opposite      

               to 12.03.2015                party over e-mail details

 

Ex.A5 dated 05.06.2015                   complainant’s Advocate Notice

Ex.A6 dated 12.06.2015                   Reply from the 1^st opposite party

LIST OF DOCUMENTS FILED BY THE  1^st OPPOSITE PARTY :

 

Ex.B1 dated NIL                     The General Non-IT Services Agreement

 

Ex.B2 dated 12.06.2015                   Reply Notice by the 1^st opposite party     

 

                            

 

 

MEMBER – I                                                                PRESIDENT