DATE OF FILING-3-10-2012
DATE OF DISPOSAL-26.5.2014
O R D E R
Mrs.Minati Pradhan,Member
The factual matrix leading to filing of the present consumer complaint are that one Ashwin Patel of Surat had sent a consignment containing residential reverse osmosis machine along with one R.O.membrane in the name of the complainant at Berhampur,Ganjam on 14.10.2011 through Opposite Party No.1, the Professional Couriers by paying the cost of courier charges of Rs.850/-(Rupees eight hundred fifty) vide receipt No.SRT-8721539 dt.14.10.2011. The above consignment was to be delivered at Berhampur,Ganjam,Odisha. The Opposite Party
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No.2,in the meantime, asked the complainant to pay the sales-tax penalty of Rs.3000/- to release the consignment. However,Rs.3,000/- was paid to the Opposite Party No.2 in the Zonal Office of the Professional Couriers vide receipt No.8549 dt.2.1.2012. But the Opposite Parties have not delivered the consignment and the fate of the consignment has not known to the complainant. In the meantime, the complainant has sent notices through his Advocate to Opposite Parties but the Opposite Parties remained silent in the matter. Even the Opposite Party No.2 avoided to receive the notices sent by the complainant. Hence, this case for a direction to the Opposite Parties to give delivery of his consignment and to refund the sales-tax amount of Rs.3,000/- if not paid to the sales-tax department and Rs.10,000/- as compensation for the loss, damage, harassment caused to the complainant due to deficiency in service on the part of the Opposite Parties.
2- The Opposite Parties despite receipt of notices of the Forum prefer neither to appear and contest the case nor file their written version. Hence, the Opposite Parties were set ex-parte vide order dated 12.12.2013.
3- The case is heard from the side of the learned counsel appearing for the complainant. We have perused the documents relied upon and filed by the complainant. Annexure-1 is the Consignment receipt bearing No.SRT-8721539 dt.14.10.11 issued on behalf of Prefessional Couriers, Surat. The receipt clearly denotes that the consignment was receipt by Opposite Party No.1 from Ashwin Patel,Surat on receipt of charges of Rs.850/- to be delivered to Kali Prasad Mahapatra, Berhampur. Annexure-2 reveals that Rs.3000/- has been received vide Money Receipt No.8549 dt. 2.1.2012 by Prefessional Couriers Network Ltd.,Kolkata towards S.Tax penalty of SRT 8721539. Although, the complainant complied the necessity of the Opposite Parties, the consignment was not delivered to the complainant within its scheduled period of time. Therefore, the complainant sent notice through Advocate on dt. 21.3.2012 for early delivery of the consignment, but the Opposite Parties did not deliver the consignment. Even after filing of the present consumer complaint, the Opposite Parties failed to appear or contest their case to elaborate the reason for non-delivery of the consignment even after lapse of long time. Remaining silent and non-delivery of the consignment within a reasonable period of time is seemed to be dereliction of duties and deficiency in service which has attributed to unfair trade practice. Since the complainant has sent the consignment
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through the Opposite Parties against payment of its charges, so the Opposite Parties should have the obligation to deliver the consignment or to inform the fate of the consignment to the complainant. Therefore, the Opposite Parties would be jointly and severally liable to deliver the consignment along with the receipt of Sales-tax department if the penalty has been paid. In the event of non-delivery of the consignment, the Opposite Parties are to pay the cost of the material contained in the consignment.
3. In the result, we allow the case of the complainant ex-parte against Opposite Parties. We direct the Opposite Parties to deliver the consignment bearing No.SRT8721539 to the complainant within 60 (sixty) days from the date of receipt of this order. In the event of non-delivery of the consignment, the Opposite Parties would be liable jointly and severally to compensate to the complainant by paying the value of the materials contained in the said consignment as stated above. The Opposite Parties are also to give the receipt of Sales-tax deduction made against the said consignment failing which they would be liable to refund the amount of Rs.3000/- as received from the complainant. The Opposite Parties are to pay compensation and cost of litigation of Rs.2,000/-(Rupees five thousand) as a whole for the loss, damage, harassment caused to the complainant within the period as ordered above. The case is disposed of accordingly.
Copy of the order be furnished to the parties free of cost.
Dictated and corrected by me on this 26th day of May,2014
I AGREE MEMBER
(Dr. N.Tuna Sahu) (Mrs.Minati Pradhan)
