DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 176/2022

 

 

Sri Joydeep Bhattacharjee,

S/O- Sri Dilip Kumar Bhattacharjee,

Krishnanagar, P.O. Agartala,

P.S. West Agartala,

District- West Tripura. ..............Complainant.

 

 

-VERSUS-

 

 

The Manager,

DTDC Express Limited Courier,

Represented by its Managing Director,

P.O. Agartala, P.S. West Agartala,

District- West Tripura- 799001. ............Opposite Party.

 

 

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

For the Complainant : Sri Joydeep Paul,

  Learned Advocate. 

 

For the O.P. No. : None Appeared.

 

ORDER  DELIVERED  ON:   01/02/2023.

 

F I N A L    O R D E R

The complaint is that the complainant being an Artist by profession sent his picture to Heena Bhatt, an Art Venture at Kalyani Nagar, Pune. He booked an article that is 2 Art works with the O.P. on 07.08.2020. He duly paid Rs.2190/- to the O.P. as fees. The petitioner has submitted the receipt of the O.P. which is lying with the record. His art works were supposed to reach the O.P. within 10th August but today also neither his art works have reached the O.P. nor have returned to the petitioner. Hence, the petitioner prays for a compensation of Rs.50,000/- along with other reliefs, in total Rs.4,40,000/- with interest.

This Commission issued summon upon the O.P. The O.P. has not appeared. Hence, Learned President, Predecessor of this Commission vide order dated 16.08.2022  ordered the case to proceed exparte against the O.P. The petitioner filed another letter to O.P. to know the fate of his art works. But that letter has also returned to the petitioner as the O.Ps did not receive the letter.

The conduct of the O.P. is very much clear that they have no submission to dispute the contention of the petitioner. Hence, the petitioner being an Artist by Profession has suffered loss in the sense that his art works could win price in the ''Hina Bhatt Art Venture'' and could be sold at a high price as well and the assured amount was Rs.40,000/- from the Art Gallery. As such the complainant has lost a  huge opportunity because of sheer negligence on the part of the O.P. In fact as on today also the art works of the complainant has not returned back to the complainant. So, this amounts to admission of deficiency in service on the part of the O.P. Hence, it is ordered that the O.P. Manager, DTDC Express Limited Courier, P.O. Agartala, P.S. West Agartala, West Tripura shall pay compensation a lump sum amount of Rs.75,000/- to the complainant within 1(one) month from the date of receiving this final order. In case of failure to pay this amount of Rs.75,000/- within one month from the date of receiving the final order, it shall carry simple interest @ 9% P.A. from today till the date of realization. 

Supply a copy of this final order free of cost to the complainant. Send a copy of this order to the O.P. for compliance. 

The case stands disposed off.

 Announced.

 

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,  AGARTALA

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.