Chandigarh

DF-II

CC/31/2016

Anil Kumar Ojha - Complainant(s)

Versus

The First Flight Courier Ltd., - Opp.Party(s)

In Person

31 Mar 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

======

Consumer Complaint  No	:	31 of 2016
Date  of  Institution	:	11.01.2016
Date   of   Decision	:	31.03.2016

 

 

 

 

 

Anil Kumar Ojha, R/o House No.1/18, Near Samadhi Baba Mandir, Village Hallo Majra, Chandigarh.  

 

                …..Complainant

Versus

 

The First Flight Courier Ltd., Plot No.406-A, Industrial Area, Phase-II, Chandigarh, through its Manager Authorised Signatory.

….. Opposite Party

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         SH.JASWINDER SINGH SIDHU       MEMBER

         MRS.PRITI MALHOTRA             MEMBER

 

 

For complainant(s)      : Ms.Pratibha, Agent of the complainant.

 

For Opposite Party(s)   : Sh.Om Prakash, Authorised Agent for OP

 

 

PER PRITI MALHOTRA, MEMBER

 

 

         As per the case, the complainant booked a courier containing original migration certificate of his son to Buxar, Bihar, and paid Rs.140/- for super-fast courier on 12.10.2015 and he was assured about its delivery within three days (Ann.C-1). It is averred in the complaint that the son of the complainant had paid Rs.18000/- as fees to the college and the said migration certificate was necessary for filling the form for examination before 19.10.2015 and with late fee on or before 21.10.2015 (Ann.C-2 to C-4).  Complainant stated in the complaint that the said courier was sent in the name of Mr.Triveni Nath Mishra, relative of the complainant. It is averred that the complainant made visits to the Opposite Party on 17.10.2015, 20.10.2015 and also made telephonic queries but the Opposite Party failed to deliver the consignment within timeframe and ultimately, the consignment in question was delivered on 24.10.2015, but by that time the last date for submission of the forms for examination had already elapsed.  Hence, this complaint has been filed alleging the above act & conduct of the Opposite Party as gross deficiency in service.

 

2]       The Opposite Party has filed the reply and admitted the booking of consignment in question and receipt of amount for the same.  It is stated that no assurance had ever been given by the Opposite Party that the said consignment shall be delivered on a specific date or by 15.10.2015, as alleged.  It is also stated that complete track record of the consignment has been placed on record by the complainant and from it, it is evident that the courier was inadvertently sent to Patna and this was a bonafide mistake and not intentional. That courier was immediately re-directed to its destination.  It is pleaded that as per    Clause 23 of the terms & conditions, printed behind the booking slip, the complainant had agreed that the liability of the Opposite Party for any loss or damage to the consignment is limited to Rs.100/- only. Further, as per Clause 22 of the terms & conditions, printed behind the booking slip, the complainant had agreed that in any event the act of the Opposite Party, shall not be liable for any consequential or special damages or indirect losses due to loss or damage to the consignment or due to delay in delivery, mis-delivery, non-delivery or consignment for any reason whatsoever.  Further, that the Opposite Party shall not be liable for any loss of income, profits, interest and other consequential losses.  Rest of the allegations have been denied with a prayer to dismiss the complaint.

 

3]       Rejoinder has also been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that of the Opposite Party No.1 made in its reply.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the representative/agent of the complainant as well as Opposite Party and have also perused the record.

 

6]       The main grouse of the complainant is that the courier containing original migration certificate of his son booked on 12.10.2015 by paying an amount of Rs.140/- with the Opposite Party for its assured delivery within three days from the date of booking, was not delivered in time causing loss of Rs.18,000/- as well as resulted in wastage of two precious years of the son of the complainant.  It is claimed that the migration certificate so dispatched vide courier of Opposite Party was necessary for filling the form for examination before 19.10.2015 and with late fee on or before 21.10.2015 and was to be delivered in the name of Mr.Triveni Nath Mishra, relation of the complainant.  It is further claimed that the complainant’s visit with the Opposite Party on 17.10.2015, 20.10.2015 and also telephonic queries failed to ensure delivery within timeframe and the item in question was delivered on 24.10.2015, which crossed last date given by the institution. 

 

7]       The Opposite Party admitted the factual matrix of the complaint to the extent that the complainant booked a courier, but denied any assurance about its delivery within 3 days period and claimed that they have already placed on record the track record of the consignment, which clearly shows that the courier was inadvertently sent to Patna, which is a bona fide mistake and not intentional and at the same time the courier in question was immediately redirected to its destination.

 

8]       From above, it is clear that the courier in question booked with the Opposite Party admittedly was delivered after the due date as expected by the complainant and also beyond the date as assured by the Opposite Party, which they deny. The admission of the Opposite Party that it was inadvertently sent to Patna and then was redirected to its destination is sufficient to prove deficiency in service on the part of the Opposite Party.  So far as the question of liability of Opposite Party is concerned, we are not bound by the Terms & Conditions referred by the ld.Counsel for the Opposite Party (annexed with the reply), for the simple reason that these terms & conditions were not explained to the complainant while booking the courier in question as the same are not duly signed by the complainant. Therefore, the complainant is not bound by the same and thus, it is rightly held that the Opposite Party is liable for deficiency in service rendered towards the complainant, which certainly has caused mental harassment to the complainant.  In our opinion, the loss of the complainant on academic grounds is hard to compensate, but in order to redress the mental and physical harassment suffered by the complainant, for the deficiency in service of the Opposite Party, we feel that the complainant deserves to be compensated.

 

9]       In view of the above discussion, the present complaint deserves to be allowed qua Opposite Party. Accordingly, the complaint is allowed against Opposite Party. The Opposite Party is directed as under :-

1.   To pay a sum of Rs.10,000/- as compensation to the complainant on account of mental tension, agony, harassment.
2. To pay Rs.5,000/- as litigation expenses.

         This order shall be complied with by the Opposite Party within one month from the date of receipt of its certified copy, failing which, it shall be liable to pay the awarded amount as mentioned in sub-para (i) above along with interest @12% p.a. from date of this order, till its realization, besides costs of litigation.

        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

31.03.2016                                                                                                                                                                           Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-  

(JASWINDER SINGH SIDHU)

MEMBER

 

 

Sd/-  

 (PRITI MALHOTRA)

MEMBER

Om                                                                                                                       

 

 

DISTRICT FORUM – II

CONSUMER COMPLAINT NO.31 OF 2016

PRESENT:   None   Dated the 31st day of March, 2016

O R D E R                        Vide our detailed order of even date, recorded separately, the complaint has been allowed against Opposite party.                    After compliance, file be consigned to record room.

 

(Priti Malhotra)	(Rajan Dewan)	(Jaswinder Singh Sidhu)
Member	President	Member