Orissa

Kalahandi

CC/57/2018

Sunil Kumar Mund - Complainant(s)

Versus

Snapdeal Jasper Infotech Pvt.Ltd. - Opp.Party(s)

Self

31 Dec 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KALAHANDI
NEAR TV CENTRE PADA BHAWANIPATANA KALAHANDI
ODISHA PIN 766001
 
Complaint Case No. CC/57/2018
( Date of Filing : 10 Aug 2018 )
 
1. Sunil Kumar Mund
A-1 Kumar House,Kalimandirpada At/Po/Ps-Bhawanipatna,
Kalahandi
Odisha
...........Complainant(s)
Versus
1. Snapdeal Jasper Infotech Pvt.Ltd.
246,1st Floor,Phase-III,Okhla Industrial Area New Delhi,110020
2. First Flight Couriers Ltd.
G-1001/02,1o th floor ,Lotus Corporate Park, Off jay Coach Flyover,Western Express Highway,Guregoan(E)Mumbai
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. ASHWINI KUMAR SAHOO PRESIDENT
 HON'BLE MRS. BHAWANI PATTANIAK MEMBER
 
For the Complainant:Self, Advocate
For the Opp. Party:
Dated : 31 Dec 2018
Final Order / Judgement

                                                                                            JUDGMENT

                        The facts of the complaint  in brief is that,  the complainant has purchased one Accu Check 50 test strips  by placing an order vide Order ID No.1282852623 to the Opp.Party No.1 on dt.26.09.2013 with a payment of Rs.674/- through Debit Card and the product was expected to be delivered  on 4.10.2013 but till date the complainant has not  received the products. In the meantime complainant’s mother was passed away  and the complainant along with his  father  went to Allahabad for her last rituals and returned back  to home on 6.10.2013. Meanwhile  the complainant got  a message that  the products  has been delivered to the complainant  which made quite shocked  as the complainant  was out of town for several days  and no one was available at home to receive the product how the  product was delivered which is quite dishonest intention of courier company. The complainant communicated the matter to the opposite Parties several times through email but no response from the side of the Ops. Finding no other option the complainant  prays before this forum to direct the Ops  to refund Rs.674/-  with interest and further direct the Ops to pay Rs.20,000/- as compensation .Hence this complaint.

            Being noticed by this forum the opposite parties remained silent and did not turn of to file any written version and in absence of any written version from the opposite party we proceeded  the matter exparte and  believed  the entire  contentions of the complainant. The allegation of the complainant is that he has purchased  one Accu Check 50 test strips online and placed order to the O.P 1 and it is the duty of the O.P No.1 to deliver the article to the complainant but in this case the O.P No.1 without delivering the article  after receipt of full amount sent delivery message to the complainant  which is a clear unfair trade practice on the part of the  Opposite parties  as the complainant was out of home town during  that period. The O.P 2 never contacted the complainant when the product reached to them and without giving delivery to the complainant  they shown false delivery .The O.ps  never appeared and did not feel it necessary to answer the allegations of the complainant as such the O.ps were set exparte   and  hence, we passed  exparte  order against the OPs and  dispose of the matter with the following directions.

 

            Service of transport as contemplated under Section 2(1)(o) of the Consumer Protection act has to be performed in perfect manner as envisaged by Section 2(1)(g) of the Act.

            Section 2(1)(g) “deficiency” means any fault, imperfection, shortcoming or inadequacy performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be  performed by a person in pursuance of a contract or otherwise in relation to any service.

            In view of the foregoing reasons, we are of the opinion that if the loss is due to the negligence of the Courier service , the courier has no other option than to indemnify the same. Hence, the complaint is allowed in part and  the matter is dispose of with the following directions.

                                                           

 

                                                                  ORDER

                        In view of the aforesaid facts the O.ps are directed to refund the payment of Rs.674/- and  pay monetary compensation of Rs.1,000/- for mental agony undergone by the complainant along with  cost of litigation of Rs.1,000/- to the complainant within 30 days from the date of receipt of this order, failing which proceeding U/s 27 of the C.P.Act,1986 shall be initiated for realization of the awarded amount.

                        Pronounced in open forum today on this 31st  day of December,2018.

                       

 

                      Member                                                             President

Documents relied upon:

By the complainant:

  1. Copy of order dt.26.09.2013
  2. Copy of complaint dt.5.12.2013 & 6.12.2013
  3. Copy of  complaint dt.10.08.2016

By the Opp.Party: Nil

 

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[HON'BLE MR. ASHWINI KUMAR SAHOO]
PRESIDENT
 
[HON'BLE MRS. BHAWANI PATTANIAK]
MEMBER

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