Chandigarh

DF-I

CC/750/2019

Varun Mahajan - Complainant(s)

Versus

On Dot Couriers & Cargo Ltd. - Opp.Party(s)

In Person

13 Dec 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                     =======

                                                                             

                                     

Consumer Complaint No.	:	CC/750/2019
Date of Institution	:	25/07/20198
Date of Decision	:	13/12/2019

 

Varun Mahajan, Resident of House No.355, Sector 9-D, Chandigarh – 160009, through Sh. B.M. Mahajan, Father & GPA.

 

…..Complainant

V E R S U S

 

The General Manager, On Dot Couriers & Cargo Limited, Plot No. 3112, Indl. Area, Phase-II, Chandigarh.

…… Opposite Party

QUORUM:	MRS.SURJEET KAUR	PRESIDING MEMBER
	DR.S.K.SARDANA	MEMBER

 

ARGUED BY	:	Sh. Brij Mohan Mahajan, GPA of Complainant.
	:	Opposite Party ex-parte.

 

Per Surjeet Kaur, Presiding Member

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, the Complainant booked one consignment containing important documents/papers on 18.06.2019 through the Agent of the Opposite Party i.e. M/s Ashoka Documents Service, Sector 9-D, Chandigarh, for its delivery at the stated address in Sector 29, Noida (U.P). A receipt for the said booking was issued by the said Agent and the charges of Rs.50/- were paid in cash to the said Agent vide Annexure C-1. It has been alleged that the booked packet was to be delivered at the stated address in Noida on or before 20.06.2019 as per normal practice and assurance of the Opposite Party. However, the same was not delivered even upto 25.06.2019. The matter was taken up with the Opposite Party, but it took no measures to deliver the same and virtually, the Complainant had to collect the packet personally from the office of the Opposite Party at Noida. A legal notice dated 27.06.2019 was served upon the Opposite Party, but the same also did not fructify. With the cup of woes brimming, the Complainant has filed the instant Consumer Complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         However, nobody appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte on 16.10.2019.
4.         Complainant led evidence.      
5.         We have gone through the entire record and heard the arguments addressed by the GPA of the Complainant.
6.         Significantly, the Opposite Party did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Party draws an adverse inference against it. The non-appearance of the Opposite Party shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
7.         Per Annexure C-1, there is no dispute about the fact that the Complainant booked one consignment with the agent of Opposite Party, after paying the requisite charges of Rs.50/-, for being delivered the same to one Sh. Varun Mahajan, Ganga Apartments, Sector 29, Noida (U.P).
8.         The Complainant contended that when the aforesaid consignment did not reach the addressee upto 25.06.2019, he prevailed upon the Opposite Party to deliver the same as it contained important documents, but the Opposite Party did nothing and even stopped attending to the telephone. Since the Opposite Party failed to deliver the packet, the Complainant had to personally go to the office of the Opposite Party at Noida on 25.06.2019 evening to collect the packet as it had important papers/documents and could not take the risk of it having been misplaced. This fact is also fortified from the legal notice dated 27.06.2019 (Annexure C-3) served upon the Opposite Party.
9.         It is thus established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large. The Opposite Party has certainly and definitely indulged into unfair trade practice as it ought to have delivered the consignment to the addressee, which it miserably failed to do and propelled this unwarranted, uncalled for litigation upon the Complainant.  At any rate, the Opposite Party even did not bother to redress the grievance of the Complainant despite having approached for the same by the Complainant time and again. Thus, finding a definite deficiency in service on the part of the Opposite Party, we have no other alternative, but to allow the present complaint against the Opposite Party.
10.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is partly allowed. The Opposite Party is directed:-

[a]    To refund the courier service charges of Rs.50/- to the Complainant;

[b]    To pay Rs.5,000/- as compensation to the complainant for the unfair trade practice and harassment caused to him.

[c]    To also pay a sum of Rs.5,000/- to the complainant as litigation expenses. 

11.         The above said order shall be complied within 30 days of its receipt by Opposite Party; thereafter, Opposite Party shall be liable for an interest @12% per annum on the amounts mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [c]. 
12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-	Sd/-
13/12/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]
	Member	Presiding Member
“Dutt”