Karnataka

Chitradurga

CC/17/2019

Smt Archana W/o Praveen kumar - Complainant(s)

Versus

The Authorised Signatory,DTDC Express Ltd., - Opp.Party(s)

Sri.P.S. Sathyanarayana Rao

02 May 2019

ORDER

COMPLAINT FILED ON:03/01/2019

DISPOSED      ON:02/05/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:17/2019

 

DATED: 2^nd MAY 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	Smt. Archana W/o  Praveen Kumar Age about 30 years, Nanjundappa Lay-Out, Holalkere Road, Chitradurga Town, Mob: 9480228055.   (Rep by Sri.P.S. Sathyanarayana Rao, Advocate)
V/S
…..OPPOSITE PARTIES	The Authorized Signatory, DTDC Express Limited, Branch Office, Opposite to KSRTC Bus Stand, Head Post Office Road, Chitradurga.   The Authorized Signatory, DTDC Express Limited, Registered Office, No.3, Victoria Road, Bengaluru – 560 047.   (ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OPs to pay Rs.3,000/- for two numbers of sarees, Rs.20,000/- towards deficiency in service, dereliction of duties with interest at the rate of 12% p.a and unfair trade practice, Rs.10,000/- towards loss of earning, mental agony and cost.

2.      The brief facts of the case of the above complainant are that, the OPs are running the DTDC courier service centre at Chitradurga.  OP No.1 is the in charge of DTDC branch office at Chitradurga and OP No.2 is the authorized signatory of registered office, DTDC Express Ltd., Bangalore.  On 18.12.2018, the complainant has sent parcel/consignment containing 8 sarees in a plastic cover with intact paper box cover duly packed weighing 5 Kgs 60 Gms to her cousin sister by name Megha though OP No.1.  Each saree worth Rs.1,500/- totally Rs.12,000/-.  The OP No.1 has issued receipt for having received Rs.320/- vide consignment No.D46645680 dated 18.12.2018.  On 19.12.2018, the cousin sister of complainant has taken delivery of the consignment from the delivery person of DTDC Courier, Bangalore and she came to know that, the consignment has been clearly opened and the saree cover also torn.  Immediately, the cousin sister of complainant rushed to the DTDC Courier Service Centre, Bangalore and enquired about the same and there she weighed the parcel and it comes to 3 Kgs 930 gms.  Accordingly, the cousin sister of the complainant approached and informed about the incident and requested to pay the cost of the saree.  But the OP No.2 has refused to compensate the same and given evasive answer.  It is further submitted that, the complainant has incurred loss of Rs.3,000/- for two numbers of soft silk sarees and loss of fame and relationship with her sister.  In this regard, the cousin sister Megha has informed the same to the complainant.  The complainant has approached the OP No.1 and demanded to make good of the loss, but the OP No.1 has given evasive replies and not paid the amount to the complainant.  All the efforts of the complainant went in vain and moreover, the OPs are acts as per their own whims and caprice without following any procedural aspects.  It is further submitted that, due to delay in non-settling the claim of the complainant, the complainant has suffered mental agony, torture and financial crisis which shows that the OPs are intentionally made delay in settling the actual claim of the complainant which leads to deficiency in service, dereliction of duties rendered to their esteemed customers.  The cause of action for this complaint arose at Chitradurga within the jurisdiction of this Forum on 21.12.2018 and hence, prayed for allow the complaint.

3.      Notice has been served to the OPs.  In spite of service of notice, OPs did not appear before this Forum and hence, placed ex-parte.

4.      Complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 & A-2 were got marked and closed her side.

 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that the OPs have committed deficiency of service for settling the claim of the complainant and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

         7.       Our findings on the above points are as follows:-

                    Point No.1:- Partly in Affirmative. 

                    Point No.2:- As per final order.

 

REASONS

8.      Point No.1:- There is no dispute that, on 18.12.2018, the complainant on 18.12.2018 has sent the parcel/consignment containing 8 sarees in a plastic cover with intact paper box cover duly packed weighing 5 Kgs 60 Gms to her cousin sister by name Megha though OP No.1.  The OP No.1 has collected an amount of Rs.320/- and issued consignment No.D46645680 dated 18.12.2018.  It is further argued by the complainant that, on 19.12.2018, the cousin sister of complainant has received the consignment sent by the complainant through delivery person of DTDC Courier, Bangalore and she came to know that, the consignment has been clearly opened and the saree cover also torn.  Immediately, she rushed to the DTDC Courier Service Centre, Bangalore and enquired about the same and weighed the parcel and it comes to 3 Kgs 930 gms.  Accordingly, the cousin sister of the complainant enquired with the OP No.2 and requested to pay the cost of the sarees.  But the OP No.2 has refused to compensate the same and given evasive answer and not ready to settle the claim of the complainant.  The loss of two sarees is of Rs.3,000/- i.e., each saree costs Rs.1,500/-.  The documents produced by the complainant clearly shows that the complainant has sent eight sarees through OP No.1 to her cousin sister by name Megha, she is residing at Bangalore.  Further the OPs have not appeared before this Forum to disprove the case of the complainant.  Hence, the OPs have committed deficiency of service and dereliction of duties. 

  9.    We have gone through the entire documents filed by the complainant, it clearly goes to show that, the complainant has sent consignment containing eight sarees through OP No.1 on 18.12.2018 by paying consignment charges of Rs.320/- vide consignment No. D46645680.  Further on 19.12.2018, the delivery person of OP No.2 i.e., DTDC Courier, Bangalore has delivered the same to the cousin sister of complainant.  After receiving the same, she opened the consignment and saw that, the consignment has been opened and the saree covers are also torn and weight of the same was reduced to 3 Kg 930 gms from 5 Kg 60 gms and the two sarees were misused, which is a deficiency of service and dereliction of duties on the part of OPs, the same caused the financial loss and mental agony to the complainant, which cannot be compensated by the OPs.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.  

10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that the OPs are hereby directed to pay a sum of Rs.3,000/- to the complainant along with interest @ 9% p.a from 18.12.2018 till realization.

It is further ordered that, the OPs are hereby directed to pay Rs.10,000/- towards compensation for loss of consignment and deficiency of service on the part of OPs.

 It is further ordered that, the OPs are hereby directed to pay Rs.5,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings. 

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

 

 (This order is made with the consent of Member after the correction of the draft on 02/05/2019 and it is pronounced in the open Court after our signatures)         

 

                                     

MEMBER                                         PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OP:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Courier receipt dated 18.12.2018
02	Ex-A-2:-	Xerox copy of sarees, parcel open copy and missed sarees

 

Documents marked on behalf of OP:

-Nil-

 

 

MEMBER                                                   PRESIDENT

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