FINAL ORDER/JUDGEMENT     

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT        

This is an application u/s.12 of the C.P. Act, 1986.

          The brief facts relevant for the disposal of the present consumer complaint are that on 03.08.2019 complainant booked a consignment containing 20 pieces of “RAKHI” through OP, DTDC Express Limited against payment of 70/- . The destination of the consignment is Dalsinghsarai within the District of Samastipur, Bihar. The OP assured that the consignment shall be delivered within 03 days of its booking. The consignment was not delivered to the consignee till date. Despite request the OP did not give any status of the consignment. Finding no other alternative, complainant issued legal notice dated 26.08.2019 to the OP but such notice was unattended. There is deficiency in service  and unfair trade practice  on the part of the OP.  Hence,  the complaint.

          The OP was duly served of the complaint.  However, despite service of notice upon them, no Written Version is filed. As such, the case has proceeded ex parte against the OP.

          Complainant led evidence by filing affidavit.  We have heard the argument of the complainant. Complainant has taken us through the consumer complaint as well as evidence adduced in support of the complaint. On perusal of consignee note issued by the OP to the complainant it is clear that the complainant booked a consignment through OP against payment of Rs.70/- and its destination was Dalsinghsarai within the District of Samastipur, Bihar. Complainant has categorically alleged in the complaint petition and evidence that consignment  was not delivered to the consignee till the date of filing consumer complaint. Legal notice dated 26.08.2019 was also unattended.  As the OP has opted not to file
Written Version despite of service of notice of complaint, the above allegations of the complainant is deemed to have been admitted as correct.  In order to prove said allegations complainant has filed his affidavit reaffirming the allegations. Thus, it stands proved that despite of having consignment, the OP has failed to deliver the said consignment. The OP has failed to deliver the said consignment to its destination. Even they did not bother to reply the legal notice of the complainant. In absence of any explanation for failure to deliver the booked consignment, we have no hesitation in concluding that the OP has committed deficiency in service and also has indulged Unfair Trade Practice.

          Now, the question is as to what should be the amount of compensation to be granted to the complainant.  No cash memo or Bill is forthcoming to establish the value forthcoming to establish the value of Rakhi. Therefore, we are inclined to allow compensation of Rs.10,000/-.

          In view of the above discussion the complaint is allowed in part ex parte against the OP with the following directions  :

1)      The OP shall pay Rs.10,000/- as compensation to the complainant within 45 days from the date of  this order.

2)      The OP shall pay a sum of Rs.2,000/- (Rupees two thousand only) as cost of litigation to the complainant within the stipulated period.

          Complainant may put the order in execution according to Consumer Protection Act, `1986 after expiry of  45 days, if the OP transgresses to comply the order.

          With these directions the instant consumer complaint stands disposed of.  .