1.                     The brief history of the case of the complainant is that he booked a Mobile handset worth Rs.15, 500/- with OP.1 to be delivered to one Nilesh D. Patel of Ahmadabad on payment of Rs.360/- towards courier charges on 05.8.2014 vide consignment No. D 17780544 but the said consignment did not reach to the addressee after 15 days of booking.  It is submitted that the complainant enquired into the matter with OP.1 time and again and till Feb’15 the OP neither provided the delivery slip nor returned the consignment to the complainant.  Thus alleging deficiency in service on the part of Ops, he filed this case praying the Forum to direct the Ops to pay Rs.15, 500/- towards cost of the handset besides Rs.360/- towards courier charges and to pay Rs.2000/- towards cost of litigation to the complainant.

2.                     The OP.1 filed counter admitting the booking of consignment by the complainant under secure pack service on payment of Rs.360/- on 05.08.14 from Sunabeda to Ahmadabad with all documents and the OP.1 forwarded the consignment to the destination.  It is contended that the consignment was not delivered to the consignee till 15 days from the date of receiving at Ahmadabad DTDC apex and finally declared the consignment as lost at Ahmadabad apex.  It is further contended that as per claim process, the OP applied for the declared claim amount of Rs.10, 500/- to the vigilance department at Bhubaneswar and also personally approached at Bhubaneswar office but they have not taken any action for return of consignment value of the complainant.  Thus denying any fault on its part, the OP.1 prayed to dismiss the case of the complainant.

3.                     The Ops 2 & 3 also filed counter through their respective A/Rs simply denying any fault on their part and also prayed to dismiss the case of the complainant.

4.                     The complainant as well as OP.1 has filed certain documents in support of their cases.  Heard from the parties through their respective A/Rs and perused the materials available on record.

5.                     In this case, booking of a mobile handset on 05.08.2014 by the complainant with OP.1 to be delivered to one Nilesh D. Patel at Ahmadabad is an admitted fact. It is also an admitted fact that the declared value of the consignment is Rs.10, 500/- and the complainant has paid Rs.360/- towards charges to the OP.1.  The case of the complainant is that he contacted the OP.1 after 15 days of booking but the OP failed to provide any details of the booked item and subsequent approach of the complainant also did not yield any result.

6.                     The OP.1 in his counter stated that the consignment was not delivered to the consignee till 15 days from the date of receiving the consignment at Ahmadabad D T D C apex and after regular follow up they declared the consignment as lost at Ahmadabad apex.  A claim  vide No.1060 dt.8.12.14 was raised but till date the claim amount of Rs.10, 500/- has not been approved by the DTDC, R.O. and Corporate office.  The Ops 2 & 3 has simply denied any liability on their part through their respective counters and such a denial by Ops 2 & 3 is unfortunate when the consignment has been lost at Ahmadabad D T D C apex.  It is further seen that a claim vide No.1060 dt.8.12.14 has been raised but the claim is yet to be settled.  This in action of Ops in our opinion amounts to deficiency in service.  The OP.1 stated in his counter that for the negligence of R. O. and Corporate Office of D T D C, the claim could not be settled.  Since the value of the consignment was declared and once it was accepted by the Ops, they are liable to pay the declared value if the consignment is lost at their end.  In the present case in hand it is a clear case of missing of consignment by the Ops.  Thus the complainant is entitled for refund of Rs.10, 500/- towards value of consignment along with courier charges.  Further due to such in action of the Ops, the complainant must have suffered some mental agony for which he is also entitled for some compensation.  Considering the suffering of the complainant we feel a sum of Rs.3000/- towards compensation and costs in favour of the complainant will meet the ends of justice.  Entire liability goes to OP No.4.

7.                     Hence ordered that the complaint petition is allowed in part and the OP No.4 is directed to pay Rs.10, 500/- towards value consignment along with Rs.360/- towards courier charges and also to pay Rs.3000/- towards compensation and costs to the complainant within 30 days from the date of communication of this order failing which the entire awarded amount shall carry interest @ 12% p.a. from the date of booking of consignment till actual payment.

(to dict.)