BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 536 of 2019
Date of Institution : 12.09.2019
Date of Decision : 27.02.2020
Ramesh Chander Goyal, Senior Income Tax Practitioner, resident of R.S.D. Colony, Sirsa.
……Complainant.
Versus.
- M/s Shiv Enterprises Arya Samaj Road, Gali Dr. Inderjeet Wali, Sirsa through its proprietor being franchiser of Anjani Courier Services Pvt. Ltd.
- Shree Anjani Courier Services Pvt. Ltd., Regd. Office at Shree Anjani House, 34, Old Lati Bazar, Near Station Bus Stand, Raipur, Ahmadabad- 380022, through its Managing Director.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA…… PRESIDENT.
SMT. SUKHDEEP KAUR……… MEMBER
Present: Sh. R.K. Chaudhary, Advocate for complainant.
Opposite parties exparte.
ORDER
In brief the case of complainant is that opposite party no.1 is a courier service having booking office at Arya Samaj Road, Sirsa and is a franchiser of op no.2. The complainant sent one packet containing five “Rakhi” on the address C/O M/s Bajrang Lal Sat Narayan, Rai Singh Nagar (Rajasthan) through op no.1 on 8.8.2019 for the Raksha bandhan festival on 15.8.2019. The complainant paid necessary courier charges to op no.1 vide receipt dated 8.8.2019 but the consignment did not reach the destination till the festiveal i.e. 15.8.2019 and also till today which amounts to negligence and deficiency of service on the part of ops and the complainant has suffered serious harassment and mental tension. Hence, this complaint.
2. Notice was issued to the opposite parties. Op no.1 failed to appear despite due service. OP no.2 also failed to appear despite notice sent through registered cover after passing of more than 30 days. As such ops were proceeded against exparte.
3. The complainant then led his evidence.
4. We have heard learned counsel for complainant and have gone through the record carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.C1 in which he has deposed and reiterated the averments made in the complaint. He has also furnished copy of receipt as Ex.C2 from which it is evident that complainant sent parcel to the above said address through courier service of opposite parties and paid Rs.70/- to op no.1 for sending the parcel but according to complainant the parcel containing five “Rakhi” did not reach the destination till today and due to which the complainant has suffered harassment and mental tension. The ops have failed to appear before this Forum rather opted to be proceeded against exparte. As such the evidence led by the complainant goes as unchallenged and unrebutted. So, the complainant has proved his case against the opposite parties.
6. In view of above, we allow this complaint and direct the opposite parties to return five “Rakhi” to the complainant and to pay a sum of Rs.3000/- as composite compensation and litigation expenses to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which complainant will be entitled to interest @7% per annum on the above said amount of Rs.3000/- from the date of order till actual payment. A copy of this order be supplied to the parties free of cost. File be consigned to record room after due compliance.
Announced in open Forum. Member President,
Dated: 27.02.2020. District Consumer Disputes
Redressal Forum, Sirsa.
