This appeal is preferred against the order Dated 07/11/2019 delivered by Ld. D.C.D.R.F Siliguri in CC No. 50 of 2019. The memo of appeal speaks that the father of the appellant , suffering  in heart ailment admitted at  Neotia Getwell health care where he underwent a surgery called as C.A.G. In order to assess the development of post surgery, the C.A.G report and C.D. of surgery was handed over to Tirupati courier service PVT for dispatch the same to Kolkata address on 12/08/2019 by paying Rs. 200/- as courier charge. The courier service company has delayed the process and ultimately it was handed over to the addressee on 17/08/2019 in broken condition of C.D  of the C.A.G report. As a result due to deficiency of service of courier authority, the appellant side could not avail the opportunity to obtain the second opinion and assessment report of post C.A.G. So the consumer complaint was registered. Unfortunately, Ld. Forum at the time of admission stage, has dismissed the consumer complainant without going into merit of the consumer dispute. So this appeal due to Pre-mature and unwarranted order of Ld. Forum.

The appeal was admitted in due course and notice of appeal was sent to the address of respondents. Who received   the notice through post with due acknowledgement. But the respondents did not contest the appeal .

The appellant conducted the hearing of appeal through Ld. Advocate Mr. M. Paul.

 Decision with Reasons  

After hearing the Ld. Advocate of the appellant and on going through the pleadings before the Ld. Forum raised by the appellant/ complainant and on perusal of material documents furnished by the appellant, it comes to the knowledge of this commission, that the  appellant/complainant handed over the CD of C.A.G report to the Tirupati courier service PVT Ltd. to dispatch it to the address of the sister of complainant at Kolkata in Lieu of courier services charges. The courier service authority not only delayed the process of dispatch but also had broken the courier material causing immense loss to the complainant.

Ld. Forum raised some points at the time of admission of the case and sought for clarification such points are mentioned as follows :-

1. It is not clear what the grievance actually is either delayed delivered of consignment or the breaking of C.D. or both.
2. Delayed delivered can be alleged only when the delivery time, if committed be the OP/Pos, is failed. No such time limit is stated in the petition.
3. The date of complainant’s lodging grievance with the OP(s) is not mentioned in the complaint and also the date of refusal, so as to determine the date of the cause of action. No copy of such complaint is also furnished.
4. It is not stated in the petition whether the C.D received broken was ever shown to the delivery office in Kolkata with a complaint to be lodged with them. Nor is it stated also whether the letter dated. 20.08.2019 of the complainant’s father to the Neotia Getwell Health Care center is to be treated as a proof of CD’s being broken.

All such points are required to be discussed in the appeal hearing.

Regarding Point No 1, the Forum questioned whether the grievance either delay delivery of consignment or the breaking of C.D the answer is that the grievance of appellant relates to both. First of all , 5 days delay of dispatch of an urgent consignment is not excusable. Delivery of broken consignment also deficiency of service. The opinion of Ld. Forum regarding not-mentioning of time limit in C.C. and for that reason no admission of a consumer complaint is not acceptable.

Ld. Forum also observed some material Pointed regarding the Technical irregularities Of the C.C. touching the Merit of the case is not also expected from a redressal agency at the stage of admission. After hearing the valuable arguments canvassed By the Ld. Advocate of the appellant and after going through the materials placed believe this bench and within the Framework of legal aspects the bench has arrived to the conclusion that the instant consumer complaint must come within the domain of CP Act, 1986 and apparently deficiency of service of a service provider is well established, So the instant consumer compliant appears to be admissible as per provision of CP Act,1986. The observations of Ld. Forum appears to be unauthorized in law and liable to be interfered at appellate stage.

Thus, the appeal succeeds.

                                                                                 Hence,it is ordered

That the appeal be and the same is allowed on merits without cost. The order of Ld. D.C.D.R.F.  Siliguri in C.C.50/S/2019 dated 07.11.2019 is hereby set aside. For the convenience and to save the time, the instant consumer complaint filed by Prithijeet Das(appellant/complainant) bearing Ho CC 50/S/2019 at Ld. D.C.D.R.F Siliguri is hereby admitted as a consumer dispute to be adjudicated under the provisions of CP Act , 1986.

       The Ld. D.C.D.R.F, Siliguri is requested to issue notice upon the opposite parties within 15 days of this order and to adjudicate the dispute on merit after observing all legal formalities within the Frame work of CP Act , 1986 . Let a free copy of this order be handed over to the appellant Ld. D.C.D.R.F, Siliguri be communicated the order through E-Mail.