Per  Shri H. M. Pateriya – Hon’ble Member.

               The complainant filed this complaint before forum for redressal u/s 12 of the Consumer Protection Act, 1986 for deficiency of service and negligence in duty committed by the opposite party.  

              The brief facts of the case are as follows:-

2.            The opposite party is running a courier service under the name and style as “Shri Nandan Courier Service Private Lid.” Gondia.    

3.            The complainant had purchased online apparels i.e Combo of Men’s Fashion Accessories amp 95 CMB 126 on dated 31.03.2016 from DCODE SALES, office No. 7, A5, opp. Metro Pillar No. 340, Chhote Lal Park, Kirtinagar, Delhi-110015 worth Rs.2196/- and Rs.549/- respectively.

4.            Due to some defects in the above purchased apparels the complainant decided to return back the said product.  The complainant had booked two parcels vide receipt No. 999921981943 of Rs.180/- (weight 3.100 Kg) and receipt No. 999921981944 of Rs.60/- (weight 1 Kg) on date 25.04.2016 from Gondia to Delhi in the name of Amitkumar Askme Bazar.com through the opposite party.

5.            The complainant after some days came to know that the said parcels/consignments were not reached on its destination at expected time.  So the complainant approached the opposite party and enquired about the status of the consignment but no satisfactory reply was given by the opposite party.  In spite of several requests for status of parcels the opposite party failed to give response towards the grievances of the complainant.  The complainant made a written complaint on dated 20.06.2016 to the opposite party and asked him to rectify the problems within 3 days.  But the opposite party did not pay any attention to the request of the complainant.

6.            The complainant sent the legal notice by his counsel on dated 10.08.2016 and requested opposite party to compensate for financial loss suffered due to negligence by sum of Rs.2745/-.  But the opposite party failed to comply with the notice.  This is the failure of duty and deficiency in service on the part of opposite party.  Hence the complainant claimed following damages with 18% p.a. interest.

     1.       The cost of apparels                           Rs.2745/-

     2.       Financial & mental harassment            Rs.5000/-

     3.       Legal notice expenses                         Rs.5000/-  

7.            The complainant has filed the list of documents which includes Copies of the COD shipment invoice, receipts of the booking of the consignments, Legal Notice and its acknowledgment etc.   

8.            The complaint was registered and notice was issued to the opposite party.   The opposite party failed to appear before this Forum and hence the forum decided to proceed the matter ex-party against the opposite party.

9.            After going through the complaint and argument made by the counsel for complainant the following points arose for consideration.   

REASONING & FINDINGS

10.               As to point No. 1:-    It is true that the complainant had purchased online apparels i.e Combo of Men’s Fashion Accessories worth Rs.2196/- & Rs.549/- from DCODE SALES on dated 31.03.2016.  The Xerox copy of receipts are attached with the complainant as document No. 1 & 2.  Due to some defects in the said purchased apparels the complainant decided to return the same to DCODE SALES.  Therefore the complainant had booked two parcels from Gondia to Delhi in the name of Amitkumar Askme Bajar.com through the opposite party by paying of Rs.180/- & Rs.60/- respectively.  The receipts issued by opposite party are placed on record at document No. 3 & 4.   But, the booked parcels did not reach the destination i.e. Gondia to Delhi within the expected time.  The complainant made several requests regarding the status of the consignments.  The complainant made written complaints on dated 20.06.2016 and also sent legal notice on dated 10.08.2016 to the opposite party.  The copy of notice and acknowledgements are at documents No. 5 to 9.  But the opposite party neither complied with the notice nor replied it.  Therefore it is very clear that the action of the opposite party is deficiency in service.  Hence finding of point No. 1 is recorded in affirmative.  

11.               As to point No. 2:-    In the light of the above the bench arrives at the conclusion that the complainant is entitled to get the amount of articles of Rs.2,745/- with interest @ 9% p.a. from the date of order till the realization of the amount.  The complainant is also entitled to get compensation of Rs.3,000/- for mental & financial harassment and also Rs.2,000/- as legal charges from opposite party.  For the above reason findings as to point No. 2 is recorded accordingly.  

              For the above reasons order is passed as under:-

-: FINAL ORDER :-

1.            The complaint is partly allowed.

2.            The opposite party is directed to pay Rs.2,745/- with interest @ 9% p.a. from the date of this order till realization of the amount.

3.            The opposite party is directed to pay Rs.3,000/- (Rupees Three Thousand) towards the compensation for mental & financial harassment to the complainant along with Rs.2,000/- (Rupees Two Thousand) towards the cost of litigation. 

4.            The opposite party is directed to comply the above order within 30 days from the date of receipt of this order.

5.            Copies of this order be furnished to both the parties free of cost.

6.            The ‘B’ & ‘C’ set of the complaint be returned to the Complainant.