25-03-2015 - The reasons for delay in disposal of this appeal can be seen from the order sheet.

1.       Inspite of fixing this case for ex-parte hearing, nobody appears on behalf of the appellant.

2.       Heard Mr. Sunny Dixit, the complainant appearing in person.

3.       A petition for condonation of delay of about 70 days in filing this appeal was filed.

On being satisfied with the grounds, the said delay is condoned.

4.       The main grievance of the complainant was that he sent the Railway reservation ticket on 6.11.2007  to his sister, who was undergoing police training at Hyderabad, through the O.P./ appellant / courier company ( for short courier) on the undertaking  that it will delivered within 3-4 days. But it was never delivered and therefore she had no alternative than to hire a taxi for coming Ranchi from Hyderabad, due to which she suffered mental torture, apart from financial loss. The complainant claimed a total sum of Rs. 99,540/-

5.       The case of the Courier interalia was /is that it has limited liability of Rs.100/-

6.       The learned District Forum after hearing the parties and considering the materials on record and also the judgements cited by the parties rightly  held that none delivery of the tickets amounted to deficiency in service.  

The courier was directed to pay Rs. 40/- as principal amount and compensation of Rs. 50,000/- to the complainant within 60 days of passing of the order, failing which the courier was made liable to pay penal interest @ 18% p.a. from the date of the order.

7.       From the impugned order, it appears that the actual loss suffered by the complainant/ her sister was not proved by the complainant.

          On being asked Mr. Dixit fairly said that no receipt of Taxi fare was filed. He explained that his sister did not contemplate filing of this case and therefore no receipt was obtained.

8.       There is no measurement of the mental torture and harassment. In our opinion the award of compensation of Rs. 50,000/- is on higher side. Therefore we reduce the amount of compensation to Rs. 25,000/-. Accordingly the appellant/ courier is directed to pay Rs. 25,040/- to the complainant within 60 days of this order, failing which the said amount will also carry  simple  interest  @ 12% p.a. from the date of this order till the date of payment/ realization.

          With this modification, this appeal stands disposed off.

                    Issue free copy of this order to all concerned for information and needful.

          Ranchi,

          Dated:-25/03/2015