DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 321 of  2022

 

Sri Apu Deb,

S/O- Lt. Niranjan Chandra Deb,

Joynagar, Road No. 07,

Agartala, P.S. West Agartala, 

District- West Tripura- 799001. …...........Complainant.

 

-VERSUS-

 

1. Sri Rahil Panja

Prop. of ASUS Exclusive Store,

Shop No.314(A), 7th Main, 80 Ft Road Stage 1

HRBR Layout, Kammanahalli, Bengalore, 

Karnataka- 560043.

 

2. Smt. Maheswari Mahi,

Executive cum Public Relation Officer

of Skypack Logistics,

32/1, 3rd Cross Road, Corporation,

Sampangi Rama Nagar, Bengaluru, 

Karnataka- 560027.

 

3. The Director,

Skypack Logistics

G-3 Kirti Nagar, 

New Delhi-110015. ...........Opposite Parties.

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

 

C O U N S E L

 

For the Complainant : Sri  Bhaskar Debbarma,

  Sri Debanjan Das,

  Learned Advocates. 

 

For the O.Ps : None appeared.

 

 

ORDER  DELIVERED  ON:   22/03/2023.

 

F I N A L    O R D E R

1. This case U/S 35 of the Consumer Protection Act, 2019 has been filed Sri Apu De against the O.Ps claiming refund of Rs.40,995/- i.e., the price of the laptop which was purchased from O.P. No.1 by the daughter of the complainant at Bengalore on 06.02.2022. The complainant has also claimed compensation for deficiency in service.

2. After purchase of the laptop from O.P. No.1  it was booked with O.P. No.2, the courier service for reaching the same to the complainant. But the O.P. No.2 failed to reach the consignment to the complainant.

3. The grievance of the complainant against the O.P. No.1 is that the O.P. No.1 helped the daughter of the complainant in contacting the O.P. No.2. Be that as it may, there is no allegations against the O.P. No.1 that in lieu of such help the O.P. No.1 was paid anything by the daughter of the complainant. Therefore, it cannot be said that the complainant or his daughter ever hired any service of O.P. No.1 so as to approach the Consumer Commission alleging deficiency in service on the part of the O.P. No.1.

4. After institution of this case summons were duly served upon the O.Ps No.1 and 3. Order dated 15.07.2022 shows that the name of O.P. No.2 was deleted. However, O.P. No.3 is the Director of Skypack Logistics. Hence, as the O.P. No.1 and 3 failed to appear and contest the case, the case has been proceeding exparte against them vide order dated 16.08.2022.

5. The complainant submit evidence on affidavit with documents. The complainant submitted the consignment showing that the laptop was booked with Skypack Logistics. The complainant has also submitted a copy of Email that Skypack Logistics lodged FIR. I find  an order of Gorchuk P.S. G.D. Entry against the allegations that one Jakir Hussain lodged written allegations that one bag of electronics materials was given to him from Guwahati to reach it at Agartala. He being conductor of bus vehicle bearing registration No- ASBlLC 8939, reached at Chandrapur bus terminal, Agartala on 13.02.2022 but only  to find the bag containing electronics materials missing. 

6. Therefore, this Commission has no hesitation to come to the conclusion that the Skypack logistics, the courier service has failed to give service to the complainant by reaching the laptop booked at Bangalore which tentamounts to gross deficiency in service  and which is why inspite of receiving summons they have not contested the case which amounts to admission. 

 7. The laptop was booked at Bangalore but since the Skypack Logistics was responsible to reach it to Agartala, it is carrying on business at Agartala within the meaning of Section 34(2)(a) of the Consumer Protection Act, 2019. As such this commission has jurisdiction.

 

8. In the result,  it is ordered that the O.P. No.3, the Director, Sky pack Logistics shall refund the amount of Rs.40,995/- with interest @ 7.5% P.A. from 08.02.2022 i.e., the date of booking the consignment with Skypack Logistic till the date of actual payment. Further the O.P. No.3 shall pay a compensation of Rs.20,000/-(Rupees Twenty Thousand) to the complainant for deficiency in service. If the O.P. No.3 fails to pay this amount of Rs.20,000/- within the 30(thirty) days from today, it shall carry interest @ 7.5% P.A. from today till the date of actual payment.    

The case stands disposed off. 

9. Supply a copy of this Final Order free of cost to the complainant. The complainant is at liberty to collect  another additional copy of this final order to reach it to O.P. No.3 at his own expenses. 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.