ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite parties to refund of Rs.100/- along with interest 18% per annum from the date of sending the courier to till return and pay compensation Rs.50,000/- towards mental agony and cost of litigation.”
The brief fact of the case is that, on 27.3.2023 the complainant sent one courier (Sky King) from Kujang to Bihar for one emergency work vide consignment No.414618521. By profession complainant is an Advocate and he sent this courier for his client’s EPF related work. After 11 days whenever the complainant came to know that letter has not been delivered, then the complainant asked to the person who had initially received the parcel from the complainant over mobile. Then the agent of Kujang gave contact number of Bihar courier guy. Then the complainant talked with Bihar courier guy, but Bihar agent told that this is the fault of the Kujang courier agent as he should not have received the courier as courier facility is not available to that place of Bihar. So this parcel of the complainant will be returned to the complainant.
Notices to opposite parties were sent by Regd. Post on 27.5.2023 and 31.7.2023 but nobody appeared for the opposite parties and were set ex-parte on 25.9.2023.
We have heard the complainant in person who is a lawyer and send some document to the addressee in the envelop but the consignment/letter was not delivered to the addressee as there is no office/delivery center of opposite parties as intimated by the opposite party No.2 to the complainant.
Since the complainant has paid the consideration, it is the legitimate expectation that his letter/consignment shall be delivered but it has not been delivered for which we held that the opposite party No.1 who has received the consideration is liable for deficiency in service.
We therefore held that complainant is entitled to get back his consideration with equal amount as per clause 6 of terms and condition i.e. Rs.200/- with 10% interest from the date of payment till date of return of the amount from the opposite party No.1. We also award cost of Rs.1,500/- for mental agony and Rs.500/- towards cost of litigation. With the aforesaid observation and direction the consumer complaint is disposed of.
Pronounced in the open Commission on this 27th October,2023.
