Tripura

West Tripura

CC/78/2016

Smt. Subidita Deb Das. - Complainant(s)

Versus

Sri Papu Ahmed & Sri Sanjay Sharma. - Opp.Party(s)

Mr.B.Deb, Mr.B.Paul.

14 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-  78   of  2016 

Smt. Subidita Deb Das,
Proprietor of 1st Infotech,
Swasti Market, 1st Floor,
Room No. 56B, H.G.B. Road,
Agartala, West Tripura.            …...........Complainant.

             VERSUS

1. Sri Papu Ahmed,
Tracon India Courier & Cargo,
Bora Service, Opp. side of A.S.T.C.
Workshop, G.S. Road, Guwahati,
Assam.            

2. Sri Sanjay Sharma,
Proprietor of National Couriers Service,
Couriers Pvt. Ltd.,
Swasti Market, 1st Floor,
Agartala, West Tripura.        …..........Opposite party.

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

For the complainant    : Sri Biswajit Deb,
                  Sri Bikram Paul,
                   Advocates.

For the O.P. No.2        : Sri Amritlal Saha,
                  Sri Kajal Nandi,
                  Smt. Sumi Datta,
                   Advocates.                                                   
        JUDGMENT  DELIVERED  ON: 14.02.2017

J U D G M E N T
        This case arises on the petition  filed by one Subidita Deb Das U/S 12 of the Consumer Protection Act. Petitioner's case in short is that she booked 2 nos. of laptops of HP company for transmission to Guwahati through the courier service. Details  address of the recipient and sender was given while booking on 30.12.15. The laptops were booked with the National Courier Service at Agartala owned by the O.P. No.2. On 16.01.16 the expecting recipient 'Savex Technologies Pvt. Ltd.' informed the petitioner that they did not receive the laptops and accessories through O.P. No.2 courier service. Complainant then talked with the O.P. No.2 who informed that laptops and accessories were sent in the office of Papu Ahmed at Guwahati. Complainant then sent letter to Tracon India Courier at Guwahati. They did not acknowledge such missing of laptops and refused to pay compensation Rs.67,580/-. Thereafter other communications were made with the O.P. No.1 and 2. Advocates notice also sent  but did not get any redress. Therefore, complaint is filed claiming compensation Rs.1,07,680/-.
2.        Notice sent to both the Opposite parties. O.P. No.1 Papu Admed owner of Tracon India Courier and Cargo refused to accept the notice. So, case against him proceeded exparte. 

3.         O.P.No.2 proprietor, National Couriers Service, Agartala contested the claim by filing written objection. The contention of the O.P. No.2 is that the price of the damaged laptops were not Rs.67,580/-. Laptops were sent to Guwahati and as per conditions in the money receipt maximum liability of the O.P. No.2 is up to Rs.10/-. The items were not insured. So, petitioner is not entitled to get the relief.    It is also stated that O.P. No.2 is the agent of O.P. No.1 and only getting the commission for his service. 

4.        On the basis of contention raised by the parties following points cropped up for determination:
        (I) Whether the laptops sent through courier service  O.P. No.1 and 2 were delivered to the recipient or not?
        (II) Whether the petitioner is entitled to get the compensation for the deficiency of service  of the O.P.?

5.        Petitioner side produced original consignment note(money receipt), letter to the CEO, Tracon India Courier & Cargo, Bora Service, copy of letter to the O.P. No.2, Sri Sanjay Sharma, original Postal receipt along with copy of Advocate notices, reply of demand notice, original sealed envelope, cash memos of the laptops marked Exhibit- 1 Series. 

6.        O.P. No.2 on the other hand produced the statement on affidavit of Sanjay Sharma, Proprietor of National Courier Service. 
7.        On the basis of all these evidence we shall no determine the above points.
    Findings and decision:
8.        It is admitted and established fact that 2 nos. of laptops along with accessories were booked with National Courier Service at Agartala for transmission to Savex Technology Pvt. Ltd. at Guwahati. We have gone through the correspondence made by the petitioner with Sanjay Sharma, Proprietor of Courier Service, Agartala. We have also gone through the evidence given by the complainant and O.P. No.2. Consignment note and copy of letter addressing CEO, Tracon India courier, cash memo in regard to booking of laptops and accessories along with demand notice. From the careful scrutiny of all these documents it is established that 2 nos. of laptops along with accessories which were booked with the National Courier Service at Agartala were lost. Sanjay Sharma Manager, National Courier Service admitted that he had sent the  2 nos. of laptops to Guwahati. He also requested the petitioner to make claim before the Tracon India Courier & Cargo for satisfaction of her claim Rs.67,580/-. Petitioner had given demand notice to O.P. No.1, Papu Ahmed, Tracon India Courier & Cargo. Sanjay Sharma, Proprietor of Courier Service, Agartala stated that the deficiency of service if any was due to inaction of Papu Ahmed, Tracon India Courier & Cargo Service. They received the laptops but failed to deliver the same to the recipient. O.P. No.2 are acting as a agent of O.P. No.1 and not wholly responsible for this missing. 

9.        On the other hand O.P. No.1 did not give any response and also refused to receive the notice of this Forum. From the admission made by the O.P. No.2 it is clear that O.P. No.1 is doing business at Agartala through its agency i.e., O.P. No.2. The items were booked at Agartala through the agent O.P. No.2. Cause of action therefore arose at Agartala within the jurisdiction of this Forum. From careful scrutiny it is found that the two laptops along with accessories which were booked with the O.P. No.2  were found missing and not delivered to the recipient. 
10.        Details of the sent items were found in the Tripura Value added Tax Vouchers Form II. The vouchers also given in response of transmission charge received by the National Courier Service. It is found that the total Rs.320/- was paid for transmission of this two laptops to Guwahati. The recipient Savex also talked with the Guwahati office of O.P. No.1 but without any positive result. Petitioner also made other communications with the O.P. No.1. O.P. No.2 tried to shift the responsibility to the O.P. No.1. Agency papers however, not produced before us. But the agent can not deny the responsibility as the items were received by O.P. No.2. It was booked and then sent to Guwahati for delivery to the recipient. O.P. No.1, the owner of Tracon Courier & Cargo Service was negligent and did not take step for delivery of 2 items along with accessories. This is deficiency of service by both the O.P. No.1 and 2. 

11.        We have gone through the tax and invoice sent by the Savex and also evidence of Rajib Das, P.W.2, husband of the petitioner and also petitioner, Subidita Deb Das. From careful scrutiny of all the evidence it is clear that the price of 2 laptops were Rs.67,580/-. It is true that those were not insured. O.P. No.2 also did not insist for insurance of the sent items. Writing in the vouchers in case of loss only liability is Rs.10/- is one sided and unreasonable condition. This condition was not projected before the petitioner while booking the item. Therefore, it can not be said that liability was for only Rs.10/-. Due to deficiency of service the two laptops of the petitioner were lost along with accessories. Petitioner had to make communication with the O.Ps. and suffered mental agony, harassment. O.P. No.2, Agent & O.P. No.1, Tracon India Courier & Cargo both are liable for loss of items.

12.        Petitioner therefore, is entitled to get cost of 2 laptops Rs.67,580/- along with Rs.25,000/- for mental agony tension and harassment. Petitioner is also entitled to get Rs.5,000/- for litigation cost. In total petitioner is entitled to get compensation amounting to Rs.67,580/- + Rs.25,000/- + Rs.5,000/-. Both the points are decided accordingly.

In view of our above findings  over the two points this petition is partly allowed.  We direct the O.P. No.1 and 2 to pay the above compensation amounting to Rs.97,580/- to the petitioner. Both the O.Ps No.1 and 2 are jointly and severally responsible to pay the amount to the petitioner. We direct both of them to pay the amount within one month. If not paid it will carry interest @ 9% P.A.

                    Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.