Ex-P A R T E O R D E R
PER SHRI. S.S. PATIL - HON’BLE MEMBER :
1) This is the complaint regarding deficiency in service on the part of Opposite Party as it did not deliver the parcel in Los Angeles U.S.A. though the Complainant had paid for it’s service in advance.
2) The Complainant’s son is studying in U.S.A. The Complainant wanted to send some parcel to his son at Los Angeles U.S.A. Opposite Party is a service provider. The Complainant contacted the Opposite Party on 05/11/2009 and requested the Opposite Party to take the parcel from his resident and send it to Los Angeles U.S.A. Accordingly the Opposite Party sent his representative to the residence of the Complainant to collect the parcel. The said representative came to the Complainant’s residence and checked the items and packed the same into a bag to be delivered to his son at Los Angeles. The representative also collected Rs.2,450/- towards the courier charges for delivery of the said parcel from Mumbai to Los Angeles and issued the receipt in this respect. It is at Exhibit-‘A’ to the affidavit of evidence of the Complainant.
3) It was also agreed between the Complainant and the Opposite Party that the parcel would be delivered at the destination before 10/11/09. However, the parcel was not delivered as promised before 10/11/09. the Complainant contacted the Opposite Party and asked about the parcel but parcel was misplaced by the Opposite Party. Therefore, the Complainant wrote a letter to the Opposite Party on 14/01/2010 and asked the Opposite Party to refund the courier charges with cost of the parcel. The Opposite Party did not respond to this letter. The Complainant also sent a reminder in this respect, but invain.
4) Inspite of continuous follow up with the Opposite Party through letters and telephones, the Opposite Party did not deliver the parcel to Complainant’s son at Los Angeles therefore Complainant has prayed for the refund of the courier charges of Rs.2,450/- paid to the Opposite Party, Rs.10,000/- cost of the items lost by the Opposite Party and Rs.10,000/- towards the compensation for causing mental agony.
5) The above said complaint was admitted and the Opposite Party was duly served with the notice by R.PA.D. The acknowledgment due receipt signed by the Opposite Party is on record vide Exhibit-‘B’ in the case papers. Inspite of service of the notice on the Opposite Party on the address at 212-A, J.S.S. Road, Corner of Kelewadi, Babu Balwant Bldg., Ground Floor, Girgaum, Mumbai–400 004, Opposite Party did not appear before this Forum. Therefore ex-parte order has been passed vide Roznama dtd.19/07/2010.
6) The Complainant then filed his affidavit-in-evidence and produced original receipt dtd.05/11/09 of Rs.2,450/- issued by Opposite Party to the Complainant (Exhibit-‘A’), Letters dtd.03/02/2010 and 14/01/2010 addressed to Opposite Party by the Complainant, Exhibit colly.C1,C2.
7) We heard the Complainant in person and perused the above said documents submitted by the Complainant and our findings are as follows -
8) The Complainant had paid Rs.2,450/- to the Opposite Party as consideration for availing his services by delivery of a parcel from Mumbai (Borivali to Los Angeles) Exhibit-‘A’. However, the Opposite Party who had the obligation to deliver the parcel at Los Angeles, failed to deliver the parcel at Los Angeles and lost it and thus, there is a deficiency in service on the part of Opposite Party. Inspite of written letters and telephonic follow up for the parcel, Opposite Party did not respond to the Complainant. Inspite of the service of notice on the Opposite Party (Exhibit-‘B’), the Opposite Party did not appear before this Forum. Therefore, this Forum passes the following order -
O R D E R
i. Complaint No.180/2010 is partly allowed.
ii. Opposite Party is directed to refund the courier charges of Rs.2,450/- (Rs.Two Thousand Four Hundred
Fifty Only) to the Complainant.
iii. Opposite Party is also directed to pay Rs.5,000/-(Rs.Five Thousand Only) to the Complainant as cost of the
parcel lost by the Opposite Party.
iv. Opposite Party is directed to pay Rs.2,000/- (Rs.Two Thousand Only) to the Complainant towards the
deficiency in service by the Opposite Party and thereby causing mental agony to the Complainant.
v. Opposite Party is directed to pay Rs.1,000/-(Rs.One Thousand Only) to the Complainant towards cost of this
complaint.
vi. Opposite Party is directed to comply with the above order within 15 days from the date of receipt of this
order.
vii.Certified copies of this order be furnished to the parties.
