DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No.76 of 8.3.2017

                                      Decided on:     24.5.2018

Manisha @ Tania aged 42 wife of Ravinder Singh, resident of H.No.B-7/310, Rose Garden Avenue, L.G.,Patiala.

                                                                   …………...Complainant

                                      Versus

1.       On Dot Couriers & Cargo Limited, 8/42, Kirti Nagar, Industrial Area, New Delhi through its Authorized representative.

2.       On Dot Couriers & Cargo Limited, Sher-E-Punjab Market, Patiala through its Authorized Representative.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt. Neena Sandhu, President

                                      Smt. Neelam Gupta, Member                              

ARGUED BY:

                                       Sh.Ravinder Singh, Advocate, counsel for complainant.

                                      Opposite Parties No.1&2 ex-parte. 

 ORDER

                                    SMT.NEELAM  GUPTA,  MEMBER

1. The complainant sent three parcels containing Rakhies to heer brother at three different places i.e. one rakhi to Shiv Kumar, Ambala Kantt (Haryana) another to Vicky Chauhan, Roorkee(UK) and the third to Kumar Gaurav, in the name of Sh.Rosha Kumar at Shimla on 12.8.2016, through OP No.2. It is averred that the Rakhies sent at the address of Ambala Cantt and Roorkee were duly received by the brothers of the complainant but the Rakhi sent to her brother at Shimla was not delivered to her brother till the filing of the complaint. On 17.8.2016, the complainant visited the office of OP No.2 and it assured the complainant that the Rakhies would be delivered before first half of the day at round about 11.30AM on 18.8.2016.At about 12.30P.M., the complainant made a telephonic call to her brother to know about the delivery of the Rakhies but the brother of the complainant told her that he had not received the rakhies.The complainant contacted OP No.2, who kept on lingering on the matter and the packet of  rakhies has not been delivered to her brother till date. As ‘Rakhi’ is a holy festival of previous relationship between brother and sister, the complainant underwent a lot of mental agony and harassment. Non delivery of Rakhies, amounted to deficiency in service on the part of the OPs. She also got served a registered legal notice upon the OPs on 4.11.2016 but to no use. Ultimately she approached this  Forum under Section 12 of the Consumer Protection Act(for short the Act),1986.
2. On notice, OPs failed to appear despite service and were thus proceeded against ex-parte.
3. In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 &C2 and closed the evidence of the complainant.
4. We have heard the ld. counsel for the complainant, gone through the written arguments filed by him and have also gone through the record of the case, carefully.
5. Ex.C1 is the copy of the legal notice sent by the complainant to the OPs. Exs.C2 is the courier receipt issued by OP No.2,on 12.8.2016.The case of the complainant is that out of the three parcels, one parcel, which was sent to shimla did not reach there. It is alleged that  he approached OP No.2 time and again but to no use. She also got served a legal notice to the OPs but the OPs failed to give reply to the same. The contention of the complainant that the ‘Rakhies’ sent to her brother at Shimla did not reach, has gone unrebutted as the OPs neither gave any reply to the legal notice nor appeared to contest the claim of the complainant shows indifferent attitude of the OPs to redress the grievance of the complainant. As such, there is no reason to disbelieve the complainant. The end of justice would be met if the complainant is compensated reasonably.
6. In view of the aforesaid discussion, we allow the complaint of the complainant with a direction to the OPs to pay a sum of Rs.3000/-as compensation for the harassment and mental agony suffered by the complainant, which is inclusive of the cost of litigation. Order be complied by the OPs within a period of 30 days from the date of the receipt of the certified copies of this order. Certified copies of this order be sent to the parties free of cost under the Rules.Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED: 24.5.2018               

                                                                   NEENA SANDHU

                                                                       PRESIDENT

                                                                   NEELAM GUPTA

                                                                         MEMBER