MRS. NEENA SANDHU, MEMBER

1.    This is an appeal filed by the OPs against order dated 26.11.2008 passed by District Consumer Disputes Redressal Forum-I, UT, Chandigarh (for short hereinafter to be referred as District Forum) passed in complaint case No. 577 of 2008.

2.       Briefly stated the facts of the case are that the complainant availed the services of OPs for the delivery of 204 marriage invitation cards of his son held on 2.3.2008. The OPs promised to deliver the cards within 48 hours anywhere in India. The marriage cards were handed over to the OPs on 20.2.2008 but the OPs did not provide the proof of delivery to the complainant inspite of many telephonic calls. It was stated by the complainant that 29 marriage cards remained undelivered and approximately 80 cards were shown to have been delivered on the website of the OP No.1 which led to non-participation of those relatives and other social friends in the marriage ceremony of the son of complainant. Even 109 marriage cards remained undelivered, which amounts to deficiency in service on the part of OPs. Hence, the complaint was filed.

3.       Reply was filed by OPs and admitted the booking of marriage invitation cards which were delivered to the addresses given by the complainant and stated that those cards could not be delivered which were wrongly addressed. The status of delivery was duly informed to the complainant and the same was also available on the website of the OPs. Therefore, the complainant is not entitled to any compensation and as per the terms and conditions of the booking, the complainant is entitled to Rs.100/- as damages. Hence, it is pleaded that there was no deficiency in service on their part and prayed for dismissal of the complaint.

4.    The parties led their evidence in support of their contentions.

5.    The learned District Forum allowed the complaint and directed the OPs to pay a total sum of Rs.20,000/- as compensation along with Rs.500/- as costs of litigation. This amount shall be paid to the complainant within 30 days from the date of receipt of copy of order, failing which they would be liable to pay the same along with penal interest @ 12% p.a. since the date of filing of the present complaint i.e. 22.5.2008 till realization.

6.       Aggrieved by the order passed by the learned District Forum, the present appeal filed by the OPs in which it has been stated that the learned District Forum has committed an illegality in not taking into consideration that only 29 invitation cards were not stated to be delivered by the appellants as mentioned in annexure A-1. The complainant stated that 89 invitation cards were stated to have been delivered as mentioned on the web site. The learned District Forum should not have granted compensation for the non delivery of 109 invitation cards. The learned District Forum committed a manifest error in granting compensation of Rs.20,000/- to the complainant though as per the terms and conditions printed on the courier receipt, the complainant was entitled Rs.100/- as compensation. The compensation granted to the complainant is highly excessive and unjustified. It is further submitted by the appellants that non participation of the invitees in the marriage of the son of complainant is no ground to assume that the invitation cards were not delivered by the OPs but it is a matter of common knowledge that all invitees do not attend a marriage for the obvious reasons. Hence, it is prayed that appeal may kindly be accepted and the impugned order passed by the learned District Forum may kindly be set aside.

7.    We have heard Ms.Renu Joshi, Advocate for the appellant and Sh.Rohit Verma, Advocate, proxy for Ms.Deepali Puri, Advocate for the respondent and carefully gone through the file.

8.    After hearing the learned counsel for the parties and perusal of the record, we have come to the conclusion that the appellants/OPs have failed to render the service for which the charges were paid by the respondent/complainant. The order passed by the learned District Forum is well reasoned, fair and proper. Therefore, no interference is required and we do hereby uphold the order passed by the learned District Forum and dismiss the appeal as devoid of any merit. The parties are left to bear their own costs.

9.       Copies of this order be sent to the parties, free of charge.  

Pronounced.

29^th April, 2010.