BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no.215 of 2015 Date of Institution : 4.12.2015
Date of Decision : 05.05.2017.
Okantam, P.N.B. Street, Sirsa, Tehsil and District Sirsa, through its proprietor Pawan Mittal son of Shri Om Parkash Mittal.
……Complainant.
Versus.
1. The Professional Couriers, Professional Couriers Network Limited, Janta Bhawan Road, Sirsa, through its Manager/ Incharge Shri Amar Singh son of Shri Mani Ram.
2. The Professional Couriers, Professional Couriers Network Limited, Railway Road, Near football Chowk, Ambala Cantt- 133 001, through its Manager.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT. RAJNI GOYAT…………..PRESIDING MEMBER.
SHRI MOHINDER PAUL RATHEE ……MEMBER.
Present: Sh. Y.K. Garg, Advocate for the complainant.
Sh. H.S. Raghav, Advocate for opposite parties.
ORDER
The case of complainant in brief is that complainant sent a consignment of readymade garments worth Rs.7000/- through op no.1 on 25.9.2015 at the address of Sh. Sushil Kumar Talwaria, resident of H. No.302, Purvapanavaa Apart. Baneraghtta Road, Bangalore and op no.1 charged a sum of Rs.70/- plus Rs.20/- as insurance charges for the same vide receipt No.AMB505785997. The complainant was assured by op no.1 that this consignment will be delivered to the consignee within two three days. The op no.1 has failed to deliver the above consignment to the consignee. Now vide letter dated 24.10.2015, the op no.1 has intimated the complainant that the said consignment has been lost. In this manner, the ops have caused a net loss of Rs.7,000/- to the complainant as the goods sent through this consignment could not be delivered to the consignee. Due to non delivery of above goods to the addressee, the complainant has suffered a great set back to his reputation, respect and goodwill. The complainant is entitled to compensation of Rs.50,000/- besides the cost of consignment. The complainant approached the ops and requested them to locate the above consignment, to deliver the same to the addressee or to return the same to the complainant but they did not pay any heed to the same. Hence, this complaint.
2. On notice, opposite parties appeared and filed reply taking certain preliminary objections regarding maintainability; cause of action; locus standi; suppression of material facts and that the complaint is bad for mis joinder of necessary parties. The insurance company, with which the alleged parcel of the complainant was insured has not been impleaded as party in the present complaint. Moreover, the answering ops never insured the parcel of the complainant. It has been submitted that parcel has not been misplaced on account of negligence of answering ops rather the same was the result of inadvertent mistake. No such loss has been caused to the complainant. It is also necessary to mention here that the complainant did not disclose the value of the articles in the parcel at the time of booking. Moreover, as per the terms and conditions of the courier services, which are printed over the leaf of the receipt, the answering op is not responsible for any loss on account of damages or loss. Remaining contents of complaint have also been denied.
3. In evidence, complainant produced his affidavit Ex.C1, receipt of courier Ex.C2, copy of letter dated 24.10.2015 Ex.C3. On the other hand, ops produced affidavit Ex.R1.
4. We have heard learned counsel for the parties and have perused the case file carefully.
5. From the courier receipt Ex.C2, it is evident that complainant dispatched consignment to Sh. Sushil Talwaria resident of Bangalore through opposite party no.1 on 25.9.2015 and weight of consignment is mentioned as 2 Kg. The complainant paid Rs.70/- as courier charges and Rs.20/- as risk/ insurance charges and thus paid total amount of Rs.90/- to the opposite party no.1. It is also an admitted fact that said consignment was not delivered to the addressee and was lost in transit and in this regard a letter was written to op no.1 by Professional Couriers, Bangalore on 24.10.2015. The ops have averred that as per terms and conditions of the courier services which are printed over the leaf of the receipt, they are not responsible for any loss but this contention of the ops has no merit because the ops charged an amount of Rs.20/- as risk charges besides the charges of courier service of Rs.70/- and therefore now they cannot absolve from their liability after obtaining risk charges of parcel from the complainant. The plea of ops that the insurance company with which the alleged parcel of complainant was insured has not been impleaded as a party and that answering ops never insured the parcel has also no force because the ops charged the risk charges from the complainant and no name of any insurance company is mentioned on the receipt of courier. The complainant is entitled to refund of Rs.7000/- being value of the readymade garments sent in the parcel as complainant is running a readymade garment shop. Due to non delivery of the parcel to the consignee, the complainant has also suffered a lot of harassment and set back has been caused to his reputation and goodwill.
6. Keeping in view the facts and circumstances of the present case, we allow the present complaint and direct the opposite parties to refund the amount of Rs.7000/- to the complainant being value of the consignment and also direct them to pay a sum of Rs.10,000/- as compensation to the complainant for harassment etc. We further direct the ops to pay a sum of Rs.3000/- to the complainant as litigation expenses. This order should be complied by both the ops jointly and severally within a period of one month from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum on the total amount of Rs.20,000/- from the date of filing of present complaint till actual realization. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:5.5.2017. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
