Punjab

Ludhiana

CC/15/686

Amarjit Singh - Complainant(s)

Versus

Talwar Communication - Opp.Party(s)

Gurpal Singh

22 Apr 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

Consumer Complaint No. 686 of 30.11.2015

Date of Decision            :   22.04.2016

Amarjit Singh son of Sh.Joginder Singh, r/o H.No.1494, Sector 32-A, Urban Estate, Chandigarh Road, Ludhiana.

….. Complainant

                                                         Versus

1.M/s.Talwar Communication, Samrala Chowk, Shingar Cinema Road, Opp. IDBI Bank ATM, Ludhiana, through its Prop/Partner/Authorized Signatory.

2.DTDC Courier & Cargo Ltd., having its registered office at Office No.3, Victoria Road, Bengluru-560047, through its M.D./Authorized Representative.

…Opposite party

 

                             (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

SH.G.K.DHIR, PRESIDENT

MRS. VINOD BALA, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant                      :        Sh.Gurpal Singh, Advocate    

For OPs                         :        Ex-parte

 

PER G.K.DHIR, PRESIDENT

 

1.           Complainant Sh.Amarjit Singh filed complaint under Section 12 of Consumer Protection Act, 1986(hereinafter in short referred to as ‘Act’) against Ops by claiming that he sent some tools and equipments to his colleague namely Sh.Ram Mandva at Hyderabad by hiring services of OPs on 25.4.2015. Worth of those goods was of Rs.14,950/-. Complainant paid delivery/courier charges to OPs as per their demand, on which, Ops assured that goods/box will be delivered within 3 working days. Those goods were not supplied at the point of destination within the stipulated period of 3 days, due to which, complainant kept on approaching OPs, but they procrastinated the matter. Rather, Ops admitted the fact of loss of goods through written letter. Even after expiry of more than 5 months, goods have not been delivered till date, and that is why pleading deficiency in service on the part of OPs, refund of worth of goods of Rs.14,950/- sought with compensation for mental harassment of Rs.50,000/-.

2.                Ops in this case are ex-parte.

3.                Complainant in ex-parte evidence tendered in evidence his affidavit Ex.CA along with documents Ex.C1 to Ex.C9 and thereafter, his counsel closed the evidence.

4.                Written arguments not submitted, but only oral arguments of counsel for complainant heard. Records gone through carefully.

5.                Receipt Ex.C5 produced to show that worth of dispatched goods is Rs.14,950/-. The goods sent were parts of old motor cycle. These goods were dispatched to one Sh.Rama at Hyderabad by availing the courier services of OPs is a fact borne from receipt Ex.C6. These goods have not been delivered at the station of destination because they stood lost at Hyderabad itself is a fact borne from letter Ex.C7 written by authorized representative of OP1 to OP2. As delivery of parcel containing the goods at  Hyderabad has not  taken place and as such, certainly there is deficiency in service on the part of OPs because they have failed to fulfill their promise of delivering the goods dispatched through them at Hyderabad. Loss of the goods attributable to OPs and as such, certainly complainant entitled for the refund of price amount of Rs.14,950/- along with compensation for mental harassment and litigation expenses.

6.                Ex.C1 is the legal notice sent by the complainant to OPs through postal receipts Ex.C2 and Ex.C3. Claim in writing submitted by the complainant with Ops within 30 days is a fact borne from letter Ex.C8 also.

7.                Therefore, as a sequel of the above discussion, complaint allowed with directions that Ops will refund the price of goods i.e. Rs.14,950/- to the complainant within 30 days from the date of receipt of copy of this ex-parte order. Compensation for harassment of Rs.2500/- and litigation expenses of Rs.2500/- more allowed in favour of complainant and against OPs. Liability of Op1 and OP2 to pay the above referred amount will be joint and several. Compliance of order qua payment of compensation and litigation expenses be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to the parties free of costs as per rules. 

8.                File be indexed and consigned to record room.

 

                   (Vinod Bala)                                 (G.K. Dhir)

            Member                                        President

Announced in Open Forum

Dated:22.04.2016

Gurpreet Sharma.