IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /07/2015

 Date of Filing:              09.01.2015.                                                                        Date of Final Order: 29.04 .2015.

Complainant:    Nurjahan Begum, W/o Dr. Md. Safikur Rahman, 54/1/5, Nilmani Bhattacharjee Lane,

                         Kadai, P.O. Berhampore, Dist. Murshidabad. Pin Code 742101.

                      -Vs-

Opposite Party: Office-in-charge, Blue Dart Express Ltd, Basant Bahar, 26/62, Sahid Surya Sen Road,

                           Gorabazar, P.O. Berhampore, Dist. Murshidabad. Pin Code 742101.

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

                                                                        Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Smt. Pranati Ali,Presiding Member.

Brief fact of the complaint case u/s 12 of the C.P. Act, 1986 , is that the complainant Nurjahan  Began applied for PAN card through a local agent and the PAN card Authority sent a message on 23.09.2014 to her that her Pan card is ready and was sent through the OP/Blue dart Express Ltd. After waiting few days on 07.10.2014 with the help of inter-net it is found that on 25.09.2014 the said card was delivered to some Jalauddin from the office of Bluedart at Berhampore. The complainant rushed to the office of Bluedart at Berhampore and asked for wrong delivery of the card and want to return back the card. The OP did not pay any heed to the matter. At last the complainant mailed to the Kolkata Office of Bluedurt and they apologized for the incident and in spite of giving assurance to trace the card, failed to do that. Due to urgency, the complainant applied for duplicate of the card to other agency named M/S Kervy and they also sent the card through Blue dart within a legitimate time. This time also Bluedart did not deliver the card directly to the complainant. When the complainant went to the Bluedart Office to collect the PAN card according to the message, she heard the card has been sent to M/s Kervy. The complainant has been feeling insecure because till her original card is in custody of unknown person, so very chance of misused of the card which is a national identity. According to the complainant all those acts of the OP are the example of negligence and deficiency in service. So, she came to the Forum for proper redress.

On the other hand, in spite of receiving notice,  the OP/Office-in-charge, Blue dart Express Ltd did not turn up in this case. So, the proceeding runs ex parte.

The only point for consideration is whether the complainant is entitled to get any relief, as prayed for or not and also whether there is any deficiency in service on the part of the OP.

                                                     Decision with reasons.                

It is very pertinent to mention that in support of his case the complainant has submitted certain documents, especially Xerox copies of some mailing correspondences in between the complainant’s son and the OP/Senior Executive –Customer Service, Bluedart and PAN application status report. NO documents whatsoever, has been submitted on behalf of the OP in order to controvert the complainant’s case as because, the OP did not turn up in this case.

On close perusal of the submitted documents it is evident that the complainant’s PAN card was delivered to another person, named Jalauddin on 25.09.2014. Documents also speak that the said Jalauddin himself collected the card from the Berhampore Bluedart Office. Whereas, PAN card is so important and personal that specific instruction was given by the authority that “PAN card will be despatched to the communication address provided in the PAN Card”. It is very surprising that knowing the importance of safety and privacy of the card, how the card was handed over to an unknown person, without any identification and/or authorization, by the personnel of the Berhampore Bluedart office. Though afterwards, Senior Executive of Bluedart, Kolkata confessed the negligence on their part and apologized to the complainant, but till date they did not recover the said PAN card which is a clear case of deficiency in service. So, the OP cannot avoid the responsibility of damages if anything will happen in future for wrong delivery.

The original PAN Card in question being a very sensitive item particularly for using the same is a serious criminal activity where the question of involvement of the complainant will arise. To prevent the same the OP has duty to investigate the matter seriously fixing up responsibility for such wrong delivery and to inform the same to proper authority including Income Tax Department.

Regarding compensation we do not find the specific date when the complainant got the duplicate PAN Card.

From the materials on record it appears that 07.10.14 the complainant got information from Net on 25.09.14 her PAN Card was delivered to wrong person and for that last correspondence was made by the complainant on 10.10.14 where there is no reflection about receipt of duplicate PAN Card by the complainant. This case was filed on 09.01.15.

Thus it is clear that the complainant got the duplicate PAN Card obviously before 09.01.15.

The complainant is a housewife and her husband is Dr. Saifikur Rahaman. She has not mentioned categorically the basis of her claim for compensation for Rs.100000/-.There is only chance of future loss in case of misuse. To protect that the complainant is also to take proper steps informing the concerned authority including the Income Tax Department.

Considering the period of suffering for mental pain and agony and absence of specific basis justifying her claim of compensation for Rs.100000/-, we find that the complainant will get compensation of Rs.20000/-.

On the basis of above discussions as a whole we find that the complainant will get compensation of Rs.20000/-.

Thus the case succeeds.

Hence,

ORDERED

that the Consumer Complaint No. 07/2015 be and the same is hereby allowed as ex parte without any order as to cost.

The OP is directed to pay Rs.20,000/- to the complainant as compensation within 30 days from the date of this order, failure of which OP have to pay cost @Rs.50/- per day’s delay and the same is to be deposited in the Consumer Legal Aid Account .

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.