BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Jaspal Singh S/o Sh. Avtar Singh, R/o H. No. 3235, Sector 15-D, Chandigarh.

…..Complainant….

                           V E R S U S

1]    Sumit Kohli, Jagdamba Enterprises, H. No.9, Sector
15-A, Chandigarh.

4]    On-Dot Courier, SCO No. 68-70 Sector 17-A, Chandigarh.   

                                  Opposite parties

CORAM:   SH.P.D.GOEL, PRESIDENT

                                SH.RAJINDER SINGH GILL, MEMBER

              DR.(MRS) MADANJIT KAUR SAHOTA, MEMBER

Argued by: Sh. Anshul Shahi,  counsel for Sh. Dalip K. Kataria,   Counsel for complainant.

                Sh. Sanjeev Puri, Agent of OPs. 

PER DR.(MRS) MADANJIT KAUR SAHOTA, MEMBER 

             Brief facts of the case are that the complainant hired courier services of OP No.1 for sending one Sony PSP (Portable Play Station) worth Rs.9800/- (Annexure C-1) to Sh. Gajinder Singh R/o  J-5 Mukharam Garden, Near Raj Cinema, New Delhi. Receipt thereof is Doct. 263429337 dated 27.9.2010 (Annexure C-2). It has been averred that despite assurance, the OP No.1 could not deliver the article on 29.9.2010 at new Delhi.  The complainant tried to find out the factual position of the courier from OPs but every time received negative response and suffered harassment at the hands of the OPs.   Even request to provide claim form was not adhered.  OP No.1 refused for any settlement and used filthy language and told that the courier has been lost. Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice.

2.             In their written reply the OPs. denying all the material allegations of the complainant, pleaded that as per terms and conditions mentioned on the consignment note issued at the time of booking of courier, the opposite party have specifically limited its liability to a maximum of Rs.100/- per consignment for any loss to the consignment within India (domestic) and to a maximum of US$ 100/- for international consignments. Hence the complainant is not entitled to claim more than Rs.100/-.  Moreover the complainant himself made a mistake by not declaring the value and contents of his consignment/envelop and refused to take an insurance cover on his consignment. Thus there is no deficiency in service and unfair trade practice on the part of the OPs and the complaint is liable to be dismissed.

3.             The Parties led evidence in support of their contentions.

4.             We have heard the Learned Counsel for the parties and have also perused the record.

5.             There is no dispute between the parties about the hiring of courier service of OP No.1 for sending Sony PSP.  The complainant alleged that he sent the Sony PSP worth Rs.9800/- (Annexure C-1) to Gajinder Singh at New Delhi on 27.9.2010 (Annexure C-2), which the OPs did not deliver till 29.9.2010 at New Delhi. After making lot of persuasions to know the factual position of the courier, the OPs simply mislead him in order to save his skin.  At last on 28^th November, 2010 the complainant visited the office of the OP and requested to them to settle the issue but nothing could mature, rather harassed him.  The OPs stated that since the courier has been lost and in case any litigation, you will be provided only Rs.100/- as per terms and conditions.

6.      On the other hand in the written reply the OPs have stated that the complainant is not entitled to claim any amount as such as thee is no privity of contract between the parties. Furthermore, the complainant cannot take benefit of his own fault especially when he did not declare the value and contents of his consignment/envelop. The OPs submitted that the complainant refused to take an insurance cover of his consignment when the booking person asked him  to do so.  As per terms and conditions mentioned on the consignment note, the opposite party have specifically limited its liability to a maximum of Rs.100/- per consignment for any loss to the consignment within India.  Therefore, the complainant is not entitled to claim any amount exceeding Rs.100/- as per the terms and conditions of the opposite party mentioned on the receipt issued to the complainant at the time of booking of his  consignment/envelop.  So they prayed that the present complaint is liable to be dismissed.

7.             In view of the facts and circumstances of the case the OPs have not denied the loss of the courier but they have taken the plea that they are not liable for any loss except to pay a maximum of Rs.100/-  per consignment in India as per terms and conditions. But it has been observed that the terms and conditions cannot be unilateral because they have failed to place on record or prove any agreement signed by the parties. (Complainant as well as OPs), because any agreement can be valid which is bilateral and is agreed and signed by parties.

8.    Now It is clear that neither the condition appended with the courier sheet (Annexure C-2 ) were brought in the notice of the complainant nor were read-over and explained nor bear his signature, so the courier company is estopped from raising the pleas that as per said conditions, the complainant was bound to get the articles in question insured.  The OP is also estopped to take the plea with regard to limited liability of Rs.100/- as it is only unilateral contract which has no value in the eyes of law.

9.    In our considered view, there is deficiency on the part of the OPs in providing proper service to the complainant. Hence, there is merit in the complaint and it is accordingly allowed.  Therefore, the OPs are directed to pay to the Complainant Rs.9800/- along with interest @ 9% from the date of filing of the complaint.  The OPs are also liable to pay Rs.10,000/- for harassment and mental agony faced by the complainant as well as Rs.5500/- towards costs of litigation within 30 days from the date of receipt of copy of this order failing which the OPs would be liable to pay the aforesaid amount alongwith penal interest @18% p.a. till the payment is actually made to the complainant.

10.          Certified copies of this order be sent to the parties free of charge.  The file be consigned.