Haryana

StateCommission

A/972/2015

TRACK ON COURIER PVT.LTD. - Complainant(s)

Versus

RIKAB JAIN - Opp.Party(s)

SANJEEV SHARMA

28 Jul 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                             

                                                         First Appeal No.972 of 2015

Date of Institution: 09.11.2015

                                                           Date of Decision: 28.07.2016

 

Trackon Couriers Private Limited, A-64 Naraina Industrial Phase, New Delhi 110028, a company duly incorporated under the provisions of Companies Act, 1956, through its AGM Kanwaljit Singh (Authorized representative).

…..Appellant

Versus

 

1.         Rikab Jain S/o Shri Jandurai Jain, r/o H.No.380/18, Street No.5, Model town, Bahadurgarh, Jhajjar.

2.         Rathi Courier Service, Shop No.11, Opposite Bus Stand, Bahadurgarh, Jhajjar.

                                                …..Respondents

 

CORAM:                    Mr. R.K.Bishnoi, Judicial Member.

                                    Mrs. Urvashi Agnihotri, Member.                                                                                                                                                                          

Present:                     Shri  Sanjeev Sharma, Advocate counsel for appellant.

                                    Shri rikab Jain respondent No.1 in person.

                                    None for respondent No.2.

 

                                                               O R D E R

URVASHI AGNIHOTRI, MEMBER:

 

1. Trackon Couriers Pvt. Ltd. - OP is in appeal against the Order dated 09.10.2015 passed by the learned District Consumer Disputes Redressal Forum (for short ‘District Forum’), Jhajjar directing the OPs to pay Rs.88,500/- along with an interest @9% p.a. from 27.09.2014 till realization of final payment to the complainant and Rs.5,500/- on account of litigation expenses.
2. Briefly stated, according to the complainant, a packet containing an account payee Cheque No.061868 in the amount to Rs.88,500/- was sent through OP No.3- courier service, by complainant which was not delivered to the addressee. Further the cheque amount was transferred illegally from the bank account of the complainant. Due to this negligent act and deficiency of service of the OPs, the complainant suffered monetary loss. For this, the complainant approached the District Forum to pay the cheque amount of Rs.88500/- along with interest, compensation and litigation expenses.
3. OPs admitted that the complainant had booked a consignment on 27.09.2014 but denied that the consignment contained any account payee cheque. Some consignments booked in the ordinary way got misplaced/lost while the same were taken for delivery on 29.09.2014 and a report regarding the same was lodged by the concerned delivery person with Delhi Police on 30.09.2014. Therefore, there was no deficiency in service on the part of the OPs. However, the learned District Forum rejected the pleas raised by the OPs and accepted the complaint vide order dated 09.10.2015 by granting the aforesaid relief.
4. Against this Order, the OP has filed Appeal before us contending that the learned District Forum accepted the complaint without any legal justification, because the complainant had not declared the contents of the packet containing account payee cheque of Rs.88500/-, nor was the same insured for the said amount and all this was in violation of the terms and conditions of the courier company. In reply the complainant – respondent reiterated his submissions as made before the District Forum.
5. We have heard the learned counsel for the parties and have also gone through the record. It is evident from the affidavits and other documentary evidence produced by the OP – appellant that the complainant had not declared the contents of the packet nor did he get the same insured for Rs.88500/- for which the account payee cheque is alleged to have been kept in the packet. Further, the terms and conditions of the courier service clearly provided that no such contents like blank or account payee cheque shall be sent through courier. Conditions No.2 is reproduced below:-

“Trackon shall not entertain any claim of articles such as Currency, Bearer Cheques, Hundies, Rukka, Bearer, Blty, Investment certificate, Lottery Tickets, Postal Articles and / or similar other documents, Gold, silver, Jewellery, Precious Stones, liquid, semi liquid, perishable or fragile goods, narcotics and / or other items which are prohibited and / or by law shall not be couriered”.           

Further, the complainant did not imlead either the bank or the person who actually got the account payee cheque credited in favour as party to the complaint, nor did he file any affidavit to that effect. Therefore, the appellant courier company can not be held liable for the ultimate loss suffered by the complainant, as its liability is only limited to the extent of the amount of fee charged from the complainant. In the present case, the complainant has himself said in the opening para of his complaint that he paid Rs.20/- in cash while getting the courier booked. Therefore, at best the appellant –OP is liable to pay four times the amount paid by the complainant as mentioned in the Terms and Conditions.

6.      Consequently, we partly allow the appeal and set aside the order dated 09.10.2015 passed by the learned District Consumer Disputes Redressal Forum, Jhajjar directing the OP to pay to the complainant a sum of Rs.80/- i.e. four times of the courier fee and lumsum amount of Rs.10,000/- on account of compensation and litigation charges.

7.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules.

 

 

July 28th, 2016              Urvashi Agnihotri                                   R.K.Bishnoi,                                                     Member                                                Judicial Member                                                Addl. Bench                                          Addl.Bench

S.K.