Chandigarh

DF-I

CC/424/2022

Ranjeet Singh - Complainant(s)

Versus

The Manager, M/s Balaji Courier & Corgo - Opp.Party(s)

In Person

30 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/424/2022
Date of Institution	:	12/04/2022
Date of Decision	:	30/10/2023

 

Ranjeet Singh R/o H.No.3043, SBI Society, Sector 49-D, Chandigarh.

… Complainant

V E R S U S

1. The Manager, M/s Balaji Courier & Cargo, Shop No.1 & 2, Bharat Singh Market, Vasant Kunj, New Delhi-110070.
2. M/s Pacific Global Pvt. Ltd., Bridges Worldwide India Pvt. Ltd., Unit No.1 and 2, Mangal Murti Mehta Estate near Gurunanak Petrol Pump Chakala Anderi East Mumbai-400093.
3. The Manager, M/s SM Express Logistics Pvt. Ltd., Plot No.111/3, 2^nd Floor Marol Cooperative Industrial Estate, Sir MV Road, Marol, Andheri East Mumbai-59.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Complainant in person.
	:	Sh.Devinder Kumar, Counsel for OP No.1 & 2.
	:	OP No.3 ex-parte.

 

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant sent the household item to his son to Nairobi (Kenya) through the OP. For the said purposes OP quoted rate of Rs.550 per kg for 100 kg+ packet inclusive of all charges. However, at destination in Kenya OP agent have charged an extra amount of Rs.27,434/- as handling charges. It is also stated that during the transit/shipment one packet has been lost & same is still not found. Thereafter, the matter has been discussed with Mr.Arvind K.Sarof of the OP an as desired by him, complainant have submitted claim of lost parcel vide his email dated 21.11.2021 (Annexure C-1). Reminder has also been sent through email but there is no feedback. It is further stated that the complainant issued the legal notices on 7.2.2022 & 14.2.2022 for extra handling charges of Rs.27,434/- & loss of one consignment respectively to the OP (Annexure C-3 & C-4), but till date there is no feedback. Hence, is the present consumer complaint.
2.     OP No.1 & 2 contested the consumer complaint, filed their written reply and stated that the complainant is bound by the terms and conditions contained in the courier receipt which has also been relied upon by the complainant. It is further stated that on the face of shippers copy/courier receipt that the complainant has agreed to be bound by the terms and conditions written overleaf and it is also stated that I/we agree that Balaji courier & Cargo form on the front of the airway bill apply to this shipment nad limit for loss of damage to INR 1000 only. It is further stated that complaint is not maintainable as the consignment was booked by one Sh.Gurpreet Singh and the present complaint is being filed by one Sh.Ranjeet Singh. It is submitted that the complainant is not a consumer as per the Consumer Protection Act, as such present complaint is deserved to be dismissed on this sole ground. On these lines, the case is sought to be defended by OP No.1 & 2.
3.     Notice of the complaint was sent to the OP No.3 seeking its version of the case. However, nobody appeared on behalf of OP No.3 despite following proper procedure, therefore It was proceeded ex-parte on 26.06.2023.
4.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the learned counsel for the parties and gone through the record of the case.
7.     On perusal of complaint, it is gathered that the main grievance of the complainant is that he has not been compensated by the OPs towards loss of one of his packet, which was sent through the OPs courier company OP No.1.
8.     Significantly, OP No.3 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OP No.3 draws an adverse inference against it. The non-appearance of the OP No.3 shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
9.     On perusal of complaint, it is observed that the OPs have charged extra handling charges of Rs.27,434/- and the loss towards the baggage has been assessed as for Rs.1,14,200/-. From the correspondence & documents adduced by the complaint, it is observed that there is a lot of correspondence about loss of baggage between complainant & OPs and the total amount for the transport has been charged as Rs.46,000/- for 4 boxes only and the value of goods dispatched has been assessed as for Rs.10,960/- only.
10.     We are not constrained to believe the version of the OPs that for the dispatch of goods of worth Rs.10,960/- an expenditure of Rs.46,000/- and extra expenditure of Rs.27,434/- has been done for dispatch & towards handling charges.
11.     By loss of the baggage and by non-payment of charges towards the loss of baggage & by charging additionally an amount of Rs.27,434/- towards handling charges, OPs have indulged in unfair trade practice and are deficient in providing service to the complainant which has caused lot of physical & mental harassment.
12.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund an amount of ₹27,434/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till its realization.
2. To pay Rs.20,000/- towards loss of one of baggage.
3. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to him.
4. to pay ₹7000/- to the complainant as costs of litigation.

13.     This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i), (ii) & (iii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iv) above.
14.     Pending miscellaneous application, if any, also stands disposed of.
15.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
30/10/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member