Delhi

North

CC/128/2018

MANOJ KUMAR MISHRA - Complainant(s)

Versus

NIKHIL GUPTA - Opp.Party(s)

ANIL KUMAR PANDEY

11 Dec 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

CC No.: 128/18

 

Sh.Manoj Kumar Mishra,

Proprietor,

M/s.Symbolic Pharma,

Shop No.13, IIIrd Floor,

1730/2, Ram Gali,

Bhagirath Palace, Delhi-110006.                                                       ...Complainant

                                                                 Versus

1: Sh. Nikhil Gupta,

 Proprietor,

 M/s.A2Z Air Freight,

1935/29, Ground Floor,

Fountain Electrical Market,

Near YES Bank, Bhagirath Palace,

 Chandni Chowk, Delhi-110006                                                    ...Opposite Party-1

                                                                                                                                                                                                                                                                      ……..

 

 2. First Flight Couriers Ltd.,

 Through its Director,

 G-1101/02, Lotus Corporate Park,

Off Jay Coach Flyover,

Western Express Highway,

Goregaon (East), Mumbai-400063                                               ...Opposite Party-2

 

 

ORDER

11/12/2023

 

Ashwani Kumar Mehta, Member:

 

1.       The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the complainant is dealing in sale and supply of Pharmaceuticals in the name and style of  M/symbolic Pharma in the capacity of Proprietor for the purpose of earning his livelihood. The complainant sold the goods worth Rs.2,54,880/- including GST vide Invoice No.000167 dated 11.1.2018 to  M/s.Orchid Biotech Ltd., 65, Peerpura Road, Delhi High way, Opposite Hyundai Showroom, Roorkee, Uttarakhand and booked the said goods through the Opposite Party No.1 being authorized agent of the Opposite Party No.2 for its destination vide consigner copy receipt No. D992B0371122 dated 11.1.2018. At the time of booking, the Opposite Parties assured the complainant that the said goods will be delivered to its designation in time but it badly failed to deliver the said goods to its destination and lost the said goods for which the Opposite Party No.1 also supplied the copy of the complaint dated 23.1.2018 addressed to S.H.O., P.S. Gangnahar, Roorkee, Haridwar, Uttarakhand intimating therein that the consignment No. No. D992B0371122 has been lost.

 

2.       It has been alleged by the complainant that due to the said act of the Opposite Party 1 & 2, the complainant has suffered the loss of Rs.2,54,880/- beside loss of his goodwill because the said goods were not delivered to its true purchaser. The Opposite Parties have not taken any steps for the recovery of the said goods and it seems that the Opposite Parties with malafide intention have misappropriated the goods and then lodged false complaint of missing to evade liability.  The complainant has also sent a legal notice dated 1.2.2018 to the Opposite Parties but the Opposite Parties did not respond.  It has also been stated that the complainant has availed the services of the Opposite Parties and thus the complainant is consumer under the Consumer Protection act. Therefore, the complainant has filed this complaint praying for directions to the Opposite Parties to pay the amount of the above said goods i.e. Rs.2,54,880/- (Rupees Two Lakh Fifty Four Thousand Eight Hundred Eighty only) along with interest @ 18% per annum from the date of its booking till realization, jointly and severally in the interest of justice. Besides, the complainant has also prayed that the Opposite Parties may also be directed to pay Rs.5,00,000/- (Rupees One Lac only) towards compensation for causing mental torture, harassment, deficiency in service and lowering down the goodwill of the complainant. Cost of the complaint has also been prayed against the OPs.

 

3.       The complainant has filed a copy of the Invoice dated 11-01-2018, consigner receipt No. D992B0371122 dated 11/01/2018, legal notice dated 02-02-2018 alongwith tracking report and police complaint dated 23-01-2018 intimating therein that the consignment No. D992B0371122 has been lost. Besides, a copy of GST Registration certificate showing the complainant as Proprietor of Symbolic Pharma has been filed alongwith a copy of the ITR.

 

4.       Accordingly, notices were issued to the OP to defend the complaint before the commission but neither the OPs appeared nor did it send any communication despite service of the notice. Since the OPs chose not to appear despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. Therefore, the complaint has been examined on merits on the basis of the documents/evidences and material available on records which is sufficient to prove that the Opposite Parties have failed to deliver the consignment and admitted that it has been lost by it. Therefore, we are of the considered view that the complainant has suffered directly due to deficient service of the OPs in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.               

4.       Therefore, we feel appropriate to direct the OPs to pay Rs.2,54,880/- (Rupees Two Lakh fifty Four Thousand Eight Hundred Eighty only), jointly & severally, within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 11-01-2018 (date of booking the consignment with OPs) till the date of the payment. Besides, the OPs are also directed to pay Rs.50,000/- (Rupees Fifty Thousand only), jointly & severally,  as compensation to the Complainant for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OPs to the Complainant within the period as directed above, the OPs shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

5.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

                         ASHWANI KUMAR MEHTA                                                     HARPREET KAUR CHARYA

                                      Member                                                                                                 Member      

                             DCDRC-1 (North)                                                                                 DCDRC-1 (North)

 

DIVYA JYOTI JAIPURIAR

President 

DCDRC-1 (North)