Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.12.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to pay accrual loss Rs. 117/- ( Rs. One Hundred Seventeen only ) along with 12% interest.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as compensation.
- To direct the opposite party to pay Rs. 2,000/- ( Rs. Two Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
It is the case of the complainant that on 13.08.2013 she engaged the services of opposite party no. 1 and handed over a pocket in its office at Patna containing Rakhi as well as a personal letter which was to be delivered to Raju. The aforesaid packet was sealed and it was required to be delivered on 14.08.2013.
It has been further asserted by the complainant that opposite party charged Rs. 117/- vide annexure – 1and assured to deliver the packet within 48 hrs.
The grievance of the complainant is that the aforesaid packet has not been delivered to Raju till date i.e. 30.09.2013 (the filing date of this complaint).
On behalf of opposite party a written statement has been filed stating therein that opposite party has not taken urgent charge from the complainant and has not given any assurance to the complainant that the aforesaid packet will be delivered within 48 hrs. from the booking date.
It has been further asserted by the opposite party that the complainant never approached on 14.08.2013 regarding delivery of the envelope at Gaziabad.
In Para – 5 of written statement opposite party has asserted that the opposite party has tried to deliver the envelope to Raju and tried to inform Sri Raju through his mobile no. but unfortunately the said mobile was switched off.
Heard the learned counsel for the parties and perused the record in the light of claim and counter claim of respective parties.
The opposite party has admitted that the aforesaid packet was handed over to opposite party for delivering it to Sri Raju. The opposite party has asserted that no urgent charge was realized for serving the envelope within 48 hrs.
From perusal of annexure – 1 it transpires that there is no column of urgent charges. It further transpires from annexure – 1 that in the column of contents and quality the word “ RAKHI” is mentioned. It further transpires that till the filing of this case i.e. on 30.09.2013 the aforesaid packet was neither served on Raju nor it was returned to complainant.
It goes without saying that Rakhi is not only a simple “thread” but it reflects the sentimental bond between brother and sister. The opposite party has not filed a chit of paper to prove that he has informed the complainant that the said packet containing Rakhi cannot be served to Raju as there is a paucity of time. There is no any column in annexure – 1 for realizing “urgent charges’. The opposite party has charged Rs. 117/- which is a huge amount and hence the complainant must have been assured that her packet containing Rakhi will be served on Raju by 14.08.2013.
The very fact is that the packet was neither served to Raju on 14.08.2013 nor it was returned to complainant by 30.09.2013 (date of filing of this complaint) despite charging Rs. 117/- vide annexure – 1 which reflex deficiency on the part of opposite party.
For the discussion made above we direct the opposite party to return Rs. 117/- within the period of one month from the date of receipt of this order or certified copy of this order failing which the opposite party will have to pay an interest @ 10% on the said amount till its final payment.
Opposite party is further directed to pay Rs. 1,000/- to the complainant by way of compensation and litigation costs within the period of one month.
Accordingly this complaint stands allowed to the extent referred above.
Member President
