Haryana

Kurukshetra

CC/446/2020

Sitendera Paul Singh - Complainant(s)

Versus

Shree Maruti Courier Services Pvt - Opp.Party(s)

Vijay Kumar

25 Nov 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KURUKSHETRA.

 

                                                          Consumer Complaint No.446 of 2020

Date of instt.24.12.2020 

                                                          Date of Decision: 25.11.2021.

 

Sitendera Paul Singh son of Sh.Pritam Singh resident of house No.21/9, Darra Khera, Thanesar, District Kurukshetra.

                                                                             …….Complainant.                                                          Versus

Shree Maruti Courier Services Pvt.Limited. Opp.Silver Sand Hotel, near Old Bus Stand, in Brahman Dharamshala Market, Kurukshetra through its Prop.

          ….…Opposite party.

 

                  Complaint under Section 35 of Consumer Protection Act.

 

Before        Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member. 

                   Shri Issam Singh Sagwal, Member.                                                        

 

Present:      Sh.Vijay Kumar Dudhla Advocate for the complainant.

                   OP ex parte.

ORDER

                                                                         

                    This is a complaint under Section 35 of the Consumer Protection Act, 1986 moved by complainant Sitendera Paul Singh   against  Shree Maruti Courier  Services Pvt.Limited., the opposite party.

2.                The brief facts of the complaint are that the complainant  OP is running a shop of courier and the complainant approached the OP on 21.9.2020 to send some urgent documents to Bikram Singh , resident of Muchhala, Dakoli and to Sachiv Market  Kurukshetra and to C.A. Mandi Bhawan Sector -8, Panchkula appointment with Deputy Commissioner and the OP assured the complainant that the documents will be received definitely in the said office tomorrow i.e. on 22.09.2020 but the OP failed to send the said urgent documents to the above said person and offices. Thereafter on 23.09.2020 the complainant again approached the OP in the evening and an employee namely Raman of the OP told that the documents must be received in the said office and person today but on that date the documents were also not received by the said person and office. Thereafter, the complainant approached the OP many a times regarding the same matter but till today the said documents has not been send in the office nor the said documents has been received by the complainant   back till today. Thus, there is great deficiency in services on the part of the OP. Thereafter, the complainant served a legal notice dated 9.11.2020 upon the OP but the OP knowingly and intentionally refused to receive the said notice and returned to the complainant. The original notice with envelope, postal receipt and acknowledgement are attached. Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the OP and prayed that the OP be directed to  search the documents of the complainant and to pay compensation for the mental harassment and agony caused to him and the litigation expenses.

3               Notice of the complaint was given o the OP but the OP failed to appear and contest the case despite due service, therefore, OP was proceeded against ex-parte vide order dated  1.03.2021.

4.                The complainant in support of his case has filed affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-6 and closed his evidence.

5.                We have heard the learned counsel for the complainant and gone through the material available on the case file.

6.                The Learned counsel for the complainant while reiterating the averments made in the complaint has argued that complainant approached the OP on 21.9.2020 to send some urgent documents to Bikram Singh , resident of Muchhala, Dakoli and to Sachiv Market  Kurukshetra and to C.A. Mandi Bhawan Sector -8, Panchkula appointment with Deputy Commissioner and the OP assured the complainant that the documents would be received definitely in the said office tomorrow i.e. on 22.09.2020 but the OP failed to send the said urgent documents to the above said person and offices. Thereafter on 23.09.2020 the complainant again approached the OP in the evening and an employee namely Raman of the OP told that the documents must be received in the said office today but on that date the documents were also not received by the said person and office. It is further argued that thereafter, the complainant approached the OP many a times regarding the same matter but till today  said documents have not been send in the office nor the said documents has been received by the complainant   back till today. Thus, there is great deficiency in services on the part of the OP. Thereafter, the complainant served a legal notice dated 9.11.2020 upon the OP but the OP knowingly and intentionally refused to receive the said notice and returned to the complainant.

7.                The above version of the complainant put forwarded goes completely unrebutted and unchallenged because the OP has been proceeded against ex parte and was proceeded against ex-parte vide order dated: 1.03.2021. Therefore, it is established that the complainant send some urgent documents to Bikram Singh , resident of Muchhala, Dakoli and to Sachiv Market  Kurukshetra and to C.A. Mandi Bhawan Sector -8, Panchkula appointment with Deputy Commissioner and the OP assured the complainant that the documents would be received definitely in the said office tomorrow i.e. on 22.09.2020 but the OP failed to send the said urgent documents to the above said person and office and also failed to return the said documents back to the complainant. Therefore, deficiency in services on the part of the OP is made out and the complainant is entitled to relief.

8.                In view of our above discussion, we accept the present complaint and direct the OP to pay the   compensation of Rs.15,000/- to the complainant  for deficiency in services on the  part of the OP. The OP shall also pay a sum of Rs.5000/- as litigation expenses. The OP shall pay the above said amount to the complainant within a period of 30 days from the date of this order, failing which the above  said amount of Rs.15,000/- shall carry interests @ 6%  per annum from the date of filing of the present complaint  i.e.24.12.2020 till its actual realization.  The OP is further directed to make the compliance of this order, failing which the complainant shall be at liberty to initiate proceedings u/s 71 of the Consumer Protection Act. A copy of this order be supplied to the parties free of costs and the file be consigned to the record room after due compliance.

 

Announced in the Open Commission

Dated: 25.11.2021.           

       

                                                                                       President.

 

                                           Member          Member