DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.03/18
Shivika Gautam
D/o Shri Gautam Malik
R/o Flat No.2037
Lodhi Road Complex
New Delhi-110003. .…Complainant
VERSUS
The Manager Overnite Express Ltd.
Domestic & International
Couriers at A-180
Lower ground Floor
Sukher Market
Kotla Mubarkpur
New Delhi-110003.
The Branch Manager
Andhra Bank
Sector-11, HUDA Market
Panipat, Haryana.
M/s Saraswati Publishers
@ S.H. Publishers
SCF-51, First Floor
Sector-11, Panipat
Haryana. ….Opposite Parties
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Date of Institution:04.01.2018
Date of Order :14.12.2023
President: Ms. Monika A Srivastava
Complainant has filed the present complaint seeking an amount of Rs.6,42,000/- with interest @ 24% per annum since 03.02.2016 till realisation. OP-1 is Overnight Express, OP-2 is Andhra Bank and OP-3 is M/s Saraswati publishers.
- It is the case of the complainant that she had signed an MoU (Memorandum of Understanding) with OP 3 (hereinafter referred to as publisher) and as per the MoU she was assigned the job of manuscript writing. The said MoU contained clause for delayed work i.e. in case the complainant failed to submit the complete working by 21st day then MoU would be terminated and no further work will be provided and the complainant would also be liable for penalty.
- It is further stated that complainant deposited Rs.42,000/- as refundable security deposit for the monthly output with the Publishers and complainant was to get a sum of Rs.90,000/- from the publishers.
- It is the case of the complainant that on 07.01.2016, publisher had sent a book to the complainant for completing for transcript writing and in furtherance thereof the complainant had sent a written transcript to the publisher through OP 1 vide receipt No. K1401111095 dated 03.02.2016 exhibit C-1/E and had paid an amount of Rs.480/- to OP1.
- The said parcel was to be delivered to the publisher at SCO 51, First Floor, Sector-11 HUDA Market, Panipat, Haryana. However, due to the gross negligence of the employee of the OP instead of being delivered to the Publisher, it was delivered to Andhra Bank on 12.02.2016 which is situated at the Ground Floor of the same building.
- It is the case of the complainant that she was informed by the publishers about the non-receipt of the manuscript and when she approached OP1 she was informed that the said parcel has been delivered to Andhra Bank. It was only after nine days i.e. on 20.02.2016 that the said parcel was collected by the employee of the OP from Andhra Bank and was returned to OP and even then it was not delivered to the publishers. Therefore, the parcel containing the manuscript was never delivered to the publishers as a result of which the publishers forfeited the refundable security amount of Rs.42,000/- and the complainant lost Rs.90,000/- which she was to receive after completing the work of transcript writing.
- A reply has been filed on behalf of OP-1 wherein it is stated that it is the fault of OP-2 who has not received the parcel from the delivery boy. It has been stated that it is a human error which is also reflected in the status on the web portal of OP 1. OP-1 states that OP-2 knowing the name of the recipient i.e. OP-3 should not have received the parcel and should have given it to OP-3.
- This Commission has gone through the entire material on record. It is seen that OP-2 & OP-3 were removed from the array of parties vide order dated 12.03.2020. OP1 was proceeded ex-parte vide order dated 28.04.2022. The complainant has placed on record the MOU signed with the publisher. However, it is seen that Complainant has not been able to show that the said amount of Rs.40,000/- has been deducted from her account or that the same was paid by her to the publisher.
- It is also seen that OP1 has itself admitted that the parcel was delivered to Andhra Bank which is situated on the ground floor of the same building as the publisher. However, OP1 is pushing its duty towards Andhra Bank stating they ought to have delivered the same to the Publisher.
- OP 1 is found to guilty of deficiency in service and is therefore directed to refund a sum of Rs. 480/- with interest @ 7% p.a from the date of service availed and Rs.5,000/-as compensation. This entire amount is payable by OP1 within three months from the date of this order failing which rate of interest would be 9% on Rs. 480/- and the amount of Rs. 5,000/- would increase to Rs. 10,000/-.
Copy of the order be provided to the parties as per rules. File be consigned to the record room. Order be uploaded on the website.
