Complainant by filing this complaint has submitted thatone consignment being consignment No. 3139959535 on 07.04.2014 from Durgapur through op for delivery of the same to the complainant and that sender reported to the complainant that said item consignment item had already been delivered to the complainant on 09.04.2014 as it is found in the internet tracking site of the Overnite Express.  When complainant informed it that he never received the consignment for which the dispute was created in between the complainant and the consignor of the document and complainant took the print out of the consignment status from the internet tracking and was surprised to note that actually the date of delivery on 09.04.2014.

          But truth is that on 09.04.2014 it was not received by the complainant and subsequently the consignment was actually delivered to the complainant on 05.05.2014 after a delay of about 28 days.  Thereafter he contacted with the helpline of the op and Mr. Rajesh Gupta informed the complainant to make a complaint and accordingly the complainant contacted on 07.05.2014 and informed the facts to one Ms. Rakhi Ganguli.  She also suggested to the complainant to make a complaint to Ms. Sabrina Decasto and accordingly on 08.05.2014 the matter was brought to the knowledge of Ms. Sabrina Decasto who noted his complaint and informed the complainant that they did not have any system of complaint and also informed that one email complaint is also sent to them on 07.05.2014 and the matter was reminded on 21.05.2014 about the actual date of delivery.  But in respect of the reminder they did not respond and did not give any compensation for late delivery and in fact complainant was harassed by them.

          Another consignment being No,8356095425dated 03.05.2014 was  sent by Yes Bank for sending a cheque book to the complainant and Yes Bank sent the said cheque book to the complainantbut complainant did not receive the cheque book and made a complaint to Yes Bank Customer Care over phone on 16.05.2014 and in response to that complainant received one SMS from DM-OVRNIT on 20.05.2014 and they reported that it was delivered on 07.05.2014.  But complainant was surprised to note that he did not yet receive the consignment, then how did they inform that it was delivered on 07.05.2014.  Thereafter complainant reported the matter to Ms. Sabrina Decasto and also informed the fact to Yes Bank Customer Service.  But ultimately complainant received the cheque book after a delay of 19 days from the op that is on 22.05.2014 through one Milan Pradhan having Mobile No. 9874204380 and the matter was reported to the ops.  But ops did not take any action and did not respond and practically by their such sort of act, complainant suffered much mental harassment and in fact ops sent false representation that they already delivered it long prior to the actual date of delivery of the same in both the cases and fact remains that in one case 28 days and another case 19 days delay was caused for which complainant suffered and in fact for that reasons complainant did not get any proper relief.

          On the other hand op by filing written statement submitted that complainant is not the consumer, consignor and consignee but they are two separate persons one is Yes Bank and next is another person of Durgapur but they have not filed any complaint before this Forum for receipt of the said consignment by the complainant at belated stage.

          Fact remains that two consignments were sent by two establishment- one from Durgapur and another from outside the jurisdiction of this Forum and there is no deficiency of service to deliver the consignment as alleged by the complainant and complainant has no leg to stand up and fact remains that door of the complainant was under lock and key during the relevant time and when the complainant was found it was delivered and so there was no deficiency on the part of op.  So the complaint should be dismissed.

          Decision with reasons

          After hearing the complainant and the Ld. Lawyer for the op and also considering the complaint, it is found that complainant’s address as per complaint is at Howrah Jurisdiction.  M/s. Overnite Express Ltd. the op’s address and place of business is at Tiljala Road, Kolkata 700046 and said place is within the jurisdiction of this Forum.  But the moot question is whether complainant is a consumer or not.  After considering the complaint and the document, it is clear that in both the cases complainant is not the consignor.  But complainant is the consignee and if there is any grievance of the complainant that grievance must be made by the consignors.  Both the consignors are not complainants in this case and consignors are the consumer under the op, not the consignee the present complainant.  Complainant did not have service from op and pay any amount for delivery of the said article.  But consignor paid that amount for delivering the consignment to the present complainant (consignee).  So, in view of the provision of the C.P. Act 1986 consignee cannot be a consumer under the op but if there is grievance of the complainant about delayed delivery.  Complainant may file complaint against consignors.

          But truth is that complainant is a consignee, received the same but op’s version is that complainant was not available at his address as given in the consignment and when he was available, it was delivered.

          Another factor is that complainant received the consignment safely, no damage was caused.  So under any circumstances, complainant cannot be treated as consumer under the op and for which the status of the complainant as consignee is not a consumer under the op and for which the present complaint is not maintainable as per C.P. Act.

          Hence, it is

ORDERED

          That the complaint be and the same is dismissed on contest against the op but without any cost as the complaint is not maintainable in the eye of law as complainant is found not as consumer under the op.