Haryana

Ambala

CC/56/2017

M/s Carezone Health Care - Complainant(s)

Versus

Overnite Express Ltd - Opp.Party(s)

A.B.Kapoor

06 Apr 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        :  56 of 2017

                                                          Date of Institution         :  20.02.2017

                                                          Date of decision   :  06.04.2018

 

 

M/s Carezone Health  Care through Proprietor Sh. Suraj Bisht, 15, Near Dhulkot Gurdwara, Senanagar, Ambala City.

……. Complainant.

 

Overnite Express Limited courier opp-Khalsa School, Bank Road, Nearby Punjab & Sind Bank, Ambala Cantt. 

 

          ….…. Opposite Party  

 

Before:        Sh.D.N.Arora, President.

                             Sh.Pushpender Kumar, Member.

                             Ms. Anamika Gupta, Member.

                            

Present:       Sh. Neeraj,  counsel for complainant.

Sh.  Harsh Vohra,  counsel for OP.

 

 

ORDER:

In nutshell, brief facts of the present complaint are that the complainant  has sent a parcel through OP to M/s Siddaganga Pharma Distributor Floor Deepa Shree Nilaya, Belgumba Road, Keuvmpu Nagar, Tumkur(Karnatka) by Air Urgent, by paying a sum of Rs.700/- on 09.02.2017. It was a assured by the OP that the parcel will be delivered within two three days to the addressee. The complainant verified from the addressee regarding the parcel but it was to the utter surprise  that the parcel has not received by the addressee till date.  He inquired from the OP about the where about of the parcel but the OP did not give them to the satisfactory reply till date. Non delivery of the parcel in time has caused a great loss to the business of the complainant who has sent a goods worth Rs. 15450/- which was to be delivered by air on or before 12.02.2017. The act of OP is a case of deficiency in services on the part of OP. Hence, the present complaint.

2.                Upon notices, OP appeared and submitted written statement and stated that the complainant has booked the parcel on 09.02.2017 in a normal booking, which was to be delivered in a normal course of delivery to the very remote area of Karnataka. When the parcel reached to Bangluru office in Karnatka, the complainant has telephoned to defendant and instructed for recall back of parcel, which was booked on 09.02.2017 and because the complainant has asked for call back to the parcel, the defendant asked his office at Bangluru to send back the parcel to defendant at Ambala. He further stated that as per the instruction of complainant on phone to defendant the parcel reached back to defendant’s office on 21.02.2017 at Ambala. After receiving the parcel back the defendant phone the complainant to take back their parcel but the complainant  did not come to collect his parcel. Thus, there is no deficiency in the service on the part of OP  and prayed for dismissal of the complaint.

3.                To prove his version complainant tendered his affidavit as Annexure C-A along with documents as annexure C-1 to C-2 and close his evidence. On the other hand, counsel for OPs has also tendered affidavit as Annexure R-X   and close his evidence.

4.                We have heard counsels for both the parties and carefully gone through the case file.

5.                It is not disputed that the complainant had sent parcel of the medicine through courier at Bangluru for amounting of Rs. 16,659/- on 09.02.2017 and the OP in reply has admitted that the courier has reached at its destination. Now, the question arises as to whether there is any kind of deficiency in service on the part of the respondent. The complainant has tendered in evidence his affidavit Ex.C-A in which he has sworn all the averments as pleaded in the complaint. In addition he has also tendered in evidence a receipt dated 09.02.2017 Ex.C-1 to prove the fact that he had booked a packet of medicine for the delivery at Bangluru.  The plea taken by the complainant that the OP has neither delivered the courier to the addressee nor returned the parcel of medicine to the complainant because there is nothing on the file to suggest that the packet was delivered to the address.   

On the other hand, learned counsel for the opposite party has taken the plea  that the complainant has given the telephonic message for recall of the parcel  upon which defendant asked his office at Bangluru to send back the parcel  to the defendant at Ambala. The above said plea is not proved by the OP without leading any evidence and there is no such evidence the parcel in question was handed over to the complainant.  Although, the above said version goes against  the Op which tantamount to admission that the parcel was booked on 09.02.2017 by paying the amount Rs. 700/- to the OP. It is also clear that the parcel containing the medicine having value to the tune of Rs. 16,659/-. The OP has failed to deliver the parcel at  its destination.

6.                In the light of above discussion, we are of the opinion that the act and conduct on the part of respondent amounted to deficiency in rendering service and he had not deliver the parcel in question containing the medicine to its destination,  therefore, we allow the present complaint and directing the OP to pay the amount Rs. 16,659/- as the cost of the medicine mentioned in Annexure C-1 (consignment receipt) issued by the OP to the complainant besides a sum of Rs.5,000/- as compensation on account of  mental agony and cost of litigation etc. Order of this forum be complied within a period of 30 days from the date of receipt of copy of this order, failing which the OP  will pay the interest @ 9% on the  cost of the medicine i.e. Rs.16,659/- for the default period. A copy of this order be supplied to the parties free of cost. File be consigned to record room after due compliance.

 

Announced on:06.04.2018                            (D.N. ARORA)

                                                                                       President

 

 

             (PUSHPENDER KUMAR)

                                                                                           Member

 

 

                   (ANAMIKA GUPTA)

                                                                                            Member