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:
- Copy of order dt.26.09.2013
- Copy of complaint dt.5.12.2013 & 6.12.2013
- Copy of complaint dt.10.08.2016
By the Opp.Party: Nil
