Delhi

East Delhi

CC/1122/2013

ABHISHEK AGGARWAL - Complainant(s)

Versus

OVER NIGHT EXPRESS. - Opp.Party(s)

14 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 1122/13

 

Shri Abhishek Aggarwal

R/o C-155, Nirman Vihar

Delhi – 110 092                                                        ….Complainant

 

Vs.

 

Overnite Express Limited

(Domestic and International Courier)

Karol Bagh, Delhi – 110 005                                                  ….Opponent

 

Date of Institution: 24.12.2013

Judgment Reserved on: 14.11.2017

Judgment Passed on: 17.11.2017

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

          Jurisdiction of this forum has been invoked by the complainant, Shri Abhishek Aggarwal, against Overnite Express Ltd. (OP) with allegations of deficiency in services and unfair trade practice.

2.       The complainant has stated that on 02.11.2013, the complainant had purchased Apple I phone model no, 5 S 16GB, Silver, IMEI no. 358030052368714 for Rs. 53,500/- which he had purchased for his friend staying in Shimla.  The said handset was dispatched on 11.11.2013 vide consignment note no. 7550441334.  It has been further stated that the complainant was assured by OP that the consignment shall be delivered within 48 hours.  The said consignment was not delivered at the destination as promised by OP.  The complainant did not get any satisfactory reply despite several emails, so he has alleged deficiency in service on the part of OP thereby praying for directions to OP to pay Rs. 53,500/- being the cost of I-phone alongwith interest @ 24%p.a, Rs. 25,000/- as compensation for mental agony and              Rs. 15,000/- as litigation expenses.

          Legal notice dated 27.11.2013 alongwith proof of service, invoice of I-phone, consignment note issued by OP and status report of AWB have been annexed with the complaint.   

3.       In reply, OP took several pleas in their defence stating that the complainant was trying to earn gain in case of loss of simple courier without actual loss of any valuable; contents and value of the alleged courier were never disclosed despite instructions mentioned at the booking receipt; liability was limited to refund of tariff only if not delivered as scheduled.  Assurance of delivery within 48 hours was also denied as no speed express booking was made as it was ordinary booking which usually takes 2-3 days.  It was stated that the complainant first approached the OP on 14.11.2013 and 19.11.2013 where he disclosed for the first time regarding the contents of the courier.  It was further submitted that OP had immediately lodged police complaint with P.S. Vasant Kunj vide DD No. 46B dated 22.11.2013 and the said matter was under investigation and as and when the lost courier will be recovered, the same shall be handed over to the complainant.  Rest of the contents of the complaint have been denied.

          Board resolution, copy of the complaint dated 22.11.2013 made to P.S. Vasant Kunj and reply to legal notice have been annexed with the complaint. 

4.       Rejoinder to the WS was filed by the complainant, wherein the contents of the complaint were reaffirmed and those of WS were denied.

5.       Evidence by way of affidavit was filed by the complainant, where he deposed on oath the assertions made in the complaint. 

          Shri Yashpal Sharma, AR of OP was examined on behalf of OP and stated that the complainant was bound by the written understanding, where he had agreed for return of tariff if not delivered as scheduled.

6.       We have heard the submissions on behalf of Ld. Counsel for the complainant and have gone through the written arguments on behalf of OP.  We have also perused the material placed on record.  The booking of consignment is admitted, the loss of the package has also been admitted by OP.  OP has placed on record the copy of complaint, made to P.S. Vasant Kunj regarding the loss of package, where they have stated that “The company booked one shipment no. 7550441334 on 11^th November, 2013 from Sarita Vihar, Delhi to Shimla containing 1 Mobile make I-phone-5  Shipment received at our Mahipalpur hub and but after that its not traceable.”

          This makes clear that OP has acknowledged that the shipment booked contained I-phone, hence their plea that complainant had not disclosed the contents is just an afterthought to create a defence.  When OP has booked a consignment and failed to deliver the same, it amounts to deficiency in service.  Hence, we allow the present complaint and direct OP to pay Rs. 53,500/- being the cost of handset.  We also award Rs. 10,500/- as compensation for mental agony and pain which includes the cost of litigation also.  The said order be complied within a period of 30 days. 

Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

        Member                                                                            Member 

           

            (SUKHDEV SINGH)

                    President