DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 15/2017
D.No._______________________ Dated: __________________
IN THE MATTER OF:
NEERAJ SINGH,
S/o SH. JAGDISH SINGH,
R/o B-4/120-D, KESHAV PURAM,
NEW DELHI-110035.… COMPLAINANT
Versus
DHL EXPRESS,
THROUGH ITS M.D./COUNTRY HEAD/
VICE PRESIDENT,
40, OKHLA INDL. ESTATE,
PHASE-III, DELHI-110020. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 02.01.2017
Date of decision:03.06.2020
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 therebyalleging that on 11.04.2016, a delivery was made through DHL for a health supplement of shipment no. 1481972671 in which OP has charged a storage fee of Rs.500/- which is erroneous and should not have been charged and the reason for the fee is that the complainant has not uploaded the KYC document and hence the delivery was
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delayed so the fee of Rs.500/- extra has been charged, however, KYC documents were uploaded on 06.04.2016 from the complainant’s mobile no.9911454990 for delivery purposes and the complainant has given his friend no.9310702010 and the friend of the complainant was called on 06.04.2016 several times for uploading KYC documents which the complainant did on 06.04.2016. Thereafter, uploading the KYC documents on 06.04.2016 in the evening, called DHL customer care no.1800-111-345 at 9:34 P.M. and informed to the representative about KYC uploaded documents and also informed that the documents were uploaded from the number 9911454990 and not the number given on the shipment which is 9310702010 and it was also made clear that there were two shipments on the name of the complainant to be delivered bearing no. 1481972671 & 3435391702. The complainant further alleged that the complainant asked the representative whether the complainant should upload the KYC for both the shipments separately and he categorically informed the complainant that is not required and the complainant received the shipment 3435391702 on 08.04.2016 but not the shipment 1481972671 instead the friend received a call on 9310702010 and he was asked to upload the documents and he called the complainant in the office and the complainant called DHL no.1800-111-345 at 4:45 P.M. on 07.04.2016 and informed them document was already uploaded previous night for both the shipments from
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the number 9911454990. On 08.04.2016, when the complainant called DHL at 11:50 P.M. and informed that the shipment 1481972671 has not been delivered and the representative informed the complainant that he cannot find any other package on the name of the complainant and the complainant also informed the documentation has been uploaded from no.9911454990 and out of two shipments one has been delivered and gave the representative both the shipment numbers and one was showing as delivered and he had no clue for 1481972671. The complainant further alleged that the representative with whom the complainant talked he was specific and informed the complainant he could not find the details of the shipment 1481972671 at his end, even after several attempts of inquiring on the same call and the complainant informed him the complainant’s friend’s no. 9310702010 is being continuously called since 06.04.2016 and he was saying no record of the shipment and here again it indicates some apprehensions about the entire shipping process of DHL. But the shipment finally arrived on 11.04.2016 with all the charges plus extra charge of Rs.500/- which they claim it was storage fee as KYC was not uploaded and the complainant contacted OP several occasions, explained the entire situation they are not ready to listen and repeat the same that KYC was not uploaded and have included the e-mail correspondence with OP and non-refund of charges amounts to deficiency in service and unfair trade practice on the part of OP.
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2. On these allegations the complainant has filed the complaint praying for direction to OP to refund the sum of Rs.500/- alongwith interest @ 18% on it as well as compensation of Rs.50,000/- for causing him strain, mental agony and harassment and also sought Rs.5,000/- as cost of litigation.
3. OP has been contesting the case and has filed written version wherein OP submitted that by filing the complaint the complainant is seeking damages against OP for delay delivery of shipment and warehouse charges of Rs.500/- without any valid ground and is admitted fact that the complainant availed OP services and booked two shipments vide AWB: 1481972671 & 3435391702 and both the shipment were delivered to the complainant and shipment is being handed over to the customer as per information given by the customer at the given address itself and being international premier courier company committed, inter alia, to establish, maintain, operate and provide safe, efficient, adequate and properly co-ordinated delivery of parcels, baggage and packets. OP further submitted that the consignment of any shipper is accepted by OP only if DHL AWB is signed by the shipper and not otherwise and a copy of signed AWB is issued to the shipper by OP and the same is to be retained by shipper as a proof of the consignment been handed over to OP and DHL airway bill contains standard terms & conditions of carriage which bind shipper and OP as per the terms mentioned therein and the AWB Standard Terms & Conditions of Carriage are
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governed by International Conventions and OP renders services strictly in abidance to same. OP further submitted that clearance team of OP made a call on given mobile number for uploading KYC documents which is part of the process for customs clearance and required to be complied as per guidelines of the Customs Department, thereafter, the complainant received his shipment on 08.04.2016 & 11.04.2016 respectively in good condition. OP further submitted that the complainant was charged Rs.500/- for shipment no.1481972671 as warehouse charges because the complainant failed in uploading KYC documents as required, for customs clearance of this air way bill/shipment number and warehouse charges are charged for storing shipment in rented warehouse if in case a delay is caused in customs clearance and delay was caused by the consignee as he did not upload KYC documents on time for custom clearance hence delay caused and warehouse charge was imposed on him and there was no harassment to the complainant and there is no merit in the complaint and the same be dismissed.
4. In order to prove his case, the complainant filed his affidavit in evidence. The complainant also placed on record copies of e-mail correspondence and copies of HWB no.1481972671 dated 10.04.2016 & 3435391702 dated 07.04.2016 issued by DHL Express (India) Pvt. Ltd.
5. On the other hand, Sh. Chandrasen Upadhyay, Legal Manager ofOP filed his affidavit in evidence which is as per line of defence taken by
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OP in his written version. OP also filed copy of terms & conditions of Carriage and copy of judgement. OP has also filed written arguments.
6.This forum has considered the case of the parties in the lightof evidence of both the parties and documents placed on record by the parties. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant.
7. The sole defence taken by OP is that the complainant failed to upload KYC documents with respect to shipment no.1481972671 which has resulted in delayed delivery of the goods and storage charges of Rs.500/-. We have considered the submissions of both the parties and gone through the record. It is not disputed by OP that there were 2 shipments bearing nos. 1481972671 & 3435391702 to be delivered to the complainant at the same address. It is not disputed by OP that goods of the 2nd shipment were delivered to the complainant on 08.04.2016 after the complainant has uploaded his KYC documents. It is hard to believe that the complainant would not upload KYC documents for his 1st shipment as alleged by OP. On the other hand, OP has failed to prove/show as to on which date KYC documents in respect of 1st shipment i.e. bearing no. 1481972671 were uploaded by the complainant. It shows that there has been some clerical error on the part of the staff of OP and for which the complainant cannot be burdened. It also shows deficiency in service on the part of OP.Accordingly, this Forum is of opinion that OP is guilty of deficiency in
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service.
8.Accordingly, OP isdirected as under:
i)To refund to the complainant an amount of Rs.500/- which werecharged by OP towards warehouse charges.
ii)To pay an amount of Rs.5,000/- as compensation towards mental agony and harassment caused to the complainant on account of delayed delivery of the goods.
iii) To pay to the complainant an amount of Rs.2,000/- towards cost of litigation.
9. The above amount shall be paid by OPto the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 3rdday of June, 2020.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY: SATYENDRA JEET
