BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 14 of 2015
Date of Institution : 19.1.2015
Date of Decision : 29.10.2015
M/s Kalra Seeds Corporation, 608, Shastri Colony, Mal Godown Road, Sirsa, distt. Sirsa through its proprietor Sant Lal Kalra, aged about 76 years son of Sh.Ram Chand Kalra.
……Complainant.
Versus
- On Dot Couriers and Cargo Ltd., 19-A, M.C.Market, Sirsa, tehsil and distt. Sirsa through its Incharge.
- On dot Couriers and Cargo Ltd., 8/42, Kirti Nagar, Industrial Area, New Delhi-110015.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT.GURPREET KAUR GILL……PRESIDING MEMBER.
SH. RAJIV MEHTA….. MEMBER
Present: Sh.Preet Amar, Advocate for complainant.
Opposite party exparte vide order dt.17.9.2015.
ORDER
In brief, Sant Lal Kalra is the proprietor of the complainant firm. The respondent no.1 has been running the courier service under the name and style of On Dot Couriers and Cargo Ltd. at M.C.Market, Sirsa and has been authorized by Op no.2 to run this service. On 20.10.2014, the complainant through Op no.1 had sent cauliflower containing 4 packets of Madhuri 100 Gm each vide lot no.44121 and 24 packets of Couvis of 25 gm. each vide lot no.42887 to Yadav Khad Beej Bhandar Main Pataudi Road, Ghosgirh Mod, Bhora Kalan, Gurgaon vide bill no.261 dt. 20.10.2014, amounting to Rs.26600/-. The weight of said Beej was 1kg.700 gms when it was handed over to Op no.1 by the complainant for sending the same to Gurgaon. Its weight was also mentioned in the receipt issued by Op no.1 bearing C/Note No.633776051. Rs.60/- were charged as service charges from the complainant by Op no.1. The said Beej could not be reached to its destination i.e. Yadav Khad Beej Bhandar Main Pataudi Road, Ghosgirh Mod, Bhora Kalan, Gurgaon despite lapse of period of about one month. Thereafter the complainant approached to Op no.1, who got checked its record and found the parcel un-delivered. Op no.1, without assigning any reason, handed over the said parcel to the complainant and asked him to leave the shop. The complainant on checking, found the parcel opened and its weight was also found only 1kg. 600 gm. instead of 1kg.700 gm. and out of 24 packets of Couvis of 25 Gm. each, 4 packets of 25 GM each were found lost. Thus, the complainant suffered a loss of Rs.3975/-. A receipt was also issued by the agent of op no.1 admitting the weight of parcel 1kg. 600 gm. and the parcel was found opened.. The complainant approached to Op no.1 for payment of loss amount Rs.3975/- and return back the service charges of Rs.60/-, but they refused. Hence, this complaint for payment of loss amount, service charges, besides compensation for harassment, mental tension, humiliation etc. and litigation expenses.
2. Upon notice, Ops through their counsel appeared in this Forum on dt. 12.3.2015 and filed their memo of appearance but on the next date of hearing i.e.17.9.2015, they were proceeded exparte, as none appeared on their behalf.
3. We have gone through the record of the case carefully and have heard learned counsel for the complainant.
4. Before deciding the case, we have to examine the documents submitted by the complainant to adjudicate the matter in hand. Complainant tendered Ex.C1 of his own affidavit in support of his case, Ex.C2-cash memos of seed, Ex.C3-receipt of courier company, Ex.C4-material return invoice. Complainant has explained in his complaint that he has sent the seed to addressee through op no.1, the description of seed is as under:-
Cauliflower seed 4x100 gm. each vide lot no.44121and 24x25 gm. each vide lot no.42887 total alleged weight 1.700 kg. to addressee i.e. Yadav Khad Beej Bhandar Main Pataudi Road, Ghosgirh Mod, Bhora Kalan, Gurgaon vide bill no.261 dt. 20.10.2014. On the courier receipt Ex.C3 dt. 20.10.2014 weight has mentioned 1.700kg. Ex.C4 is material return invoice in which mentioned weight 1.600 kg. returned by the courier company to complainant on dt.17.11.2014.
5. If we glance on the document Ex.C2, actual weight is mentioned on the cash memo only 1kg. During the course of arguments, counsel of complainant explained that it is correct that the weight of seed was 1kg. which is sent to addressee. Total weight of 1.700kg. was with packing cartoon. However, the said consignment was not delivered at the destination of addressee. Complainant has alleged in his complaint that the Op has returned back the seed weighing 1.600kg. instead of 1.700Kg. The amount of less 100gm. seed is Rs.3975/-.
6. Since the respondents despite notice came on one Peshi in this Forum and not appeared before this Forum further and in our view, to come extent, they have admitted the contents of the complaint and they have nothing to do in the matter of the complainant. The aforesaid facts make out a clear case of deficiency in service on the part of the respondent and also speaks negligence as the parcel was booked on dt. 20.10.2014, which contains the cauliflower seed etc. After the lapse of one month on 17.11.2014, Ops returned back the parcel to complainant in open/torn condition. It is admitted fact on the record Ex.C4, the Op no.1 given the less material/seed 100gm. to complainant. In our view, by rendering deficient services, the respondents not only caused financial loss to the complainant, but they also caused unnecessary mental agony and harassment to the complainant. In support of arguments, ld. counsel for complainant placed reliance upon the citations i.e. On Dot Courier & Cargo Ltd. Vs. Himachal Pradesh State Electricity Board (NC), decided on 1.6.2015 in Revision Petition No.318 of 2011 and Sunil Chawla Vs. World Pach AIR Courier Service (I) PVt. Ltd. & Ors., IV(2008) CPJ 145 (NC).
7. In our considered view, since there is no rebuttal to the contents of the complaint from the side of respondent, we have no hesitation to accept the complaint of the complainant. Thus, we accept the complaint of the complainant and hereby direct the respondents to compensate the complainant to the tune of Rs.10,000/- in lump sum (Rs. Ten thousand) cost of less seed and for rendering deficiency service, for causing unnecessary mental agony and harassment and under the head of litigation expenses. The present complaint is allowed ex-parte. Compliance of the order be made within a period of one month. Copy of order be supplied to the parties free of costs. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:29.10.2015. Member District Consumer Disputes
Redressal Forum, Sirsa.
M/s Kalra Seeds Vs. On Dot Couriers
Present: Sh.Preet Amar, Advocate for complainant.
Opposite party exparte vide order dt.17.9.2015.
Arguments heard. For orders to come up on 29.10.2015.
Member. Presiding Member,
DCDRF,Sirsa.
26.10.2015
Present: Sh.Preet Amar, Advocate for complainant.
Opposite party exparte vide order dt.17.9.2015.
Order announced. Vide separate order of even date, complaint has been allowed. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:29.10.2015. Member District Consumer Disputes
Redressal Forum, Sirsa.
