Shri Apurba Kumar Ghosh   ... … President

FINAL ORDER/ JUDGEMENT

The petitioner has filed this case against the OP’s under provisions of the Consumer Protection Act, 2019 and praying for following order/ reliefs :-                                                                                                                                                             

1. Direction against the O.P. to pay a sum of Rs. 683/- (Rupees Six Hundred Eighty Three Only) to the Complainant which is V.P. Amount.                                                                        

2) Direction against the O.P. to pay a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) to the Complainant for mental and physical harassment of the Complainant.

3) Direction against the O.P. to pay a sum of Rs. 10,000/- (Rupees Ten Thousand Only) to the Complainant as litigation cost.

4) Any other relief / reliefs:which the Complainant is legally entitled.

BRIEF FACTS OF THE COMPLAINT

1. That the Complainant is a consumer as per the Consumer Protection Act, 2019.
2. That the Complainant runs a business from her home for making chocolate in the name and style, “ Arupaz Chocolate” which is her only source of income the Complainant makes the Chocolate by her own and sends to the customers via Postal Department and receives payment in the mode of VP Amount Payment.
3. That, the customers receives the chocolate and pays to the Postman and the Postal Department through their Postman pays the receipt amount to the Complainant within 7 days from the date of delivery of Chocolate.
4. That, on 24.12.2018 The Complainant had sent a Chocolate box to the proforma O.P. through Opposites Party and the booking ID of parcel was CWO1830201 IN which was sent to the manner to receive VP Amount as the parcel get delivered. The V.P. amount was of Rs. 683/- (Rupees Six Hundred Eighty Three Only).
5. That, at the time of sending the parcel to the Proforma O.P. it was informed by the O.P. to the Complainant that, the V.P. amount will be sent to the Postal address of the Complainant by the Postman within 7 days from the delivery of parcel.
6. That, on 05.01.2019 the Proforma O.P. informed the Complainant that the parcel has been delivered and he has paid an amount of Rs. 683/-    (Rupees Six Hundred Eighty Three Only) to the Postman but no receipt was given to the proforma O.P. and the Postman also took a sum of Rs. 35/- from the Proforma O.P. in cash but no receipt was given.
7. That, after knowing the fact of delivery of Chocolate the Complainant came to know that the parcel was delivered on 15.03.2019.
8. That, the Complainant after waiting for a long period of time to receive the payment the Complainant lodged a Written Complaint to the O.P. on 26.04.2019 and also lodged a complaint with the local Post Office which is Rabindra Nagar Post Office on 26.04.2019 but the O.P. makes no reply.
9. That, the O.P. did not pay the V.P. Amount to the Complainant which is a clear deficiency in service on the Part of the O.P.

10) That, the cause of action of this Complaint firstly arose on 24.12.2018 when the Complainant sent the Parcel to the Proforma O.P. via O.P. which continued on 05.01.2019 when the Proforma O.P. received the parcel and continued till 26.04.2019 when the Complainant lodged a Complaint in writing and the same was continuing till next five months as the O.P. has not paid V.P. Amount to the Complainant.

11) Notice was sent to the O.P’s. which were duly served on them. But despite receiving the notice the O.P’s. did not turned up to contest this case. Accordingly the case is proceeding ex-parte against the O.P’s.

Now the question is to decide -

1. Whether the complainant is a consumer?
2. Whether the case is maintainable under the C.P. Act 2019?
3. Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
4. Is the Complainant entitled to get any award and relief as prayed for as per the prayer of her Complaint?

Decision With Reasons

           In order to prove the case the petitioner has filed Written Deposition in the form of an affidavit. In the Written deposition the petitioner has specifically corroborated the contents of the plaint. The petitioner has specifically stated in her deposition on which day she sent chocolate to the proforma OP. she has also stated on which day chocolate was delivered to the Proforma OP and on which day she lodged complaint against the OP.

  Ld advocate of the Petitioner during argument has stated that, the petitioner has able to prove the case against the O.P. not only through the Written deposition but also by producing documents before this Commission. He also argued that the petitioner has been able to prove the case to the effect that, the op did not pay the VP Amount to the petitioner which the Postman had received from the proforma Op at the time of delivery of the parcel.

  Having heard the Ld. Advocate of the petitioner and on perusal of the evidence on record it reveals that, the petitioner has been able to prove the fact that, the petitioner sent parcel through the O.P. and for which she paid the required charge to the O.P.  It is also proved that the parcel of the petitioner was duly delivered to the Pro-forma OP. On the other hand the petitioner by filing written deposition in the form of affidavit has specifically stated before this commission that, the Op did not pay the VP amount to the petitioner. It is needless to mention here that, as per terms and conditions of the Postal Rule & Regulation that the postal delivery man will collect VP Amount from the person whom the parcel is delivered and the postal authority will pay the VP Amount which is collected by delivery of parcel to the person who sent parcel from the post office. But in the case in hand it is proved that, the O.P  make no payment of the VP Amount to the petitioner and therefore we are of the firm view that, there was deficiency in service on the part of the OP.

Considering the unchallenged evidence of the petitioner and considering the documents filed by the petitioner we hold that, the petitioner has been able to prove the case against the OP and the petitioner is entitled to get the relief.

                        Hence,                                                                     

                                      It is therefore

O r d e r e d

 That the instant Consumer Case being in No 48/2019 is here by allowed on ex-parte but in part. The OP is directed to pay a sum of Rs. 683/- (Six Hundred Eighty Three) only to the petitioner which was the VP Amount along with interest @6% per annum with effect from the date of delivery of the parcel i.e. since 15/03/2019 till making payment of the entire amount. The OP is also directed to pay a sum of Rs. 10,000/-(ten thousand) only to the petitioner for mental and physical harassment of the petitioner by the O.P. as well as for deficiency in service on the part of the OP. The O.P. is also directed to pay a sum of Rs. 3,000/-(Three thousand) only to the petitioner as cost of litigation and OP. is further directed to pay a sum of Rs. 10,000/- (Ten Thousand ) only to the Consumer Legal Aid Account of this Commission.

  The O.P.  is directed to pay the award amount within a period of 45 days from this day failing which the petitioner will have the liberty to take proper steps against the OP as per Law.

Let a copy of this order be given to the petitioner free of cost.