Date of filling: 19.12.2018
Date of order: 21.09.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc., B.L. MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER-II
WEDESDAY THE 21st DAY OF SEPTEMBER 2022
CONSUMER COMPLAINT NO. 33/2018
C. Dharuman,
S/o. Chinnakulandai
No. 111/A, Valluvar Nagar,
Tirupattur,
Vellore District -635 601. …Complainant
-Vs-
1. The North Eastern Frontier Railway,
Represented by the Station Master,
Luggage and Parcel Service,
New Jalpaigudi Railway Station,
NJP, New Jalpaigudi,
West Bengal.
2. The Eastern Railway,
Represented by Principal Chief Commercial Manager,
Principal Chief Commercial Manager,
No.3, Koilaghat Street,
Kolkata – 700 001.
3. The Southern Railway,
Represented by Chief Commercial Manager,
Commercial Branch / Claims,
M.M. Complex, Chennai – 3.
4. The Southern Railway,
Represented by Superintendent,
Luggage and Parcel Service,
Jolarpet Railway Junction,
Jolarpet, Vellore District. …Opposite parties
Counsel for complainant : Thiru. K. Sudharsanan
Counsel for opposite parties 1 to 4 : Thiru. G. Krishnamurthy
ORDER
THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L.PRESIDENT
This complaint has been filed Under Section 12 of the Consumer Protection Act 1986. The complainant has prayed this Hon’ble Commission to direct the opposite parties to pay the complainant sum of Rs.1,97,126/- being the value of the consignment, Rs.525/- being the charges paid to the third opposite party vide receipt RR No. D690090 and also to pay a sum of Rs.2,00,000/- for deficiency in service, mental agony and anguish suffered by the complainant.
1.The case of the complaint is briefly as follows:
The daughter of the complainant is working as Captain in the Indian Military. She has purchased the house hold articles and sent the same through railway parcel by Naik Ravichandran. On 20.04.2017 the complainant’s daughter sent two boxes of parcel in Train No.15906, Vivek Express vide Receipt No. RR No.D690090 from New jalpae Curi, Railway station, West Bengal to Jolarpet Railway Junction. The parcel has to be received by the complainant at Jolarpet Railway Junction. The parcel contained Military Uniforms, Wedding Suits, Kurta Velvet Sets, Shoes, T. Shirts, Winter dresses, Bed Spreads, Salwar Suits etc.,. The first opposite party received a sum of Rs.525/- for sending the parcel from New Jalpae Curi, Railway Station, West Bengal to Jolarpet Railway Station and also issued a receipt on 20.04.2017 vide receipt No. RRD690090. But the parcel did not reach the Jolarpet Railway Station and the complainant had been repeatedly contacting the opposite parties to know the whereabouts of the parcels sent by the complainant. Since there was no response from the second opposite party the complainant sent a legal notice on 29.05.2017 to the third opposite party calling upon the third opposite party to make arrangements to handed over the parcel or pay the value of the goods with interest together with compensation of Rs.2,00,000/-. Further on 07.08.2017 the daughter of the complainant gave a complaint to the third opposite party regarding non receipt of the two parcels. On receipt of the same the third opposite party on 22.08.2017, instead of answering for the non delivery of the consignment covered receipt, RR. No.D690090, to the consignee, the complainant herein, sent a letter to the daughter of the complainant calling upon her to produce the copy of the purchase bill regarding the items sent in the two parcels. On 20.11.2017 the daughter of the complainant sent a letter to the third opposite party enclosing the bills. On receipt of the letter dated 20.11.2017 sent by the daughter of the complainant, the third opposite party on 12.03.2018 informed that the parcels could not be traced inspite of sincere efforts and called upon the daughter of the complainant to send the original parcel bills along with the Bank details so as to enable the process of claim regarding non-receipt of parcels. On 22-04-2017 the second opposite party sent a letter to the complainant stating that the parcel was not loaded and unloaded in Train No.15906 on 20-04-2017 and 21-04-2017. Further to the shock and surprise of the complainant the second opposite party had boldly stated in the letter that the Eastern Railway is not responsible for the non-delivery of the consignment and further that there is no question of liability for loss of consignment. On 09.04.2018 the daughter of the complainant sent a letter to the third opposite party disclosing the bank details and also the scanned copy of the original bill. On receipt of the same the third opposite party on 17.04.2018 sent a letter calling upon the complainant to enclose the original receipt issued for processing the claim made by the complainant. On 17.04.2018 the complainant sent the original receipt dated 20.06.2018 calling upon the third opposite party to make arrangements for compensation against the loss of goods worth of Rs.1,97,126 with trade interest of 12%. Thus all the opposite parties are liable not only to pay the value of the consignment and also compensate the severe mental agony caused by the respondent by making him to run from pillar to post for receiving the consignment and thus have committed deficiency in service. Hence this complaint.
2. Written version of the opposite party is as follows:
It is admitted that the complainant was booked the parcel i.e. two packages from New Jalapaigudi to Jolarpet Railway station by paying Rs.5.25/- and obtained a receipt vide no. PWBD690090 dated 20.04.2017. it is during that this opposite party has short from the complainant the original bills of the goods, PWBD69000 Aadhar Number, and bank details etc., for settling the disputed claim. As per the rules in existing at that relevant period and accordingly informed that the complainant is eligible for Rs.2,700/- towards the loss of parcel under the dispute and sent a demand draft bearing No.725375 dated 30.08.2018. However, it is pertinent to mentioned that the complainant had refused the said demand draft as annexure R1 and filed this complaint before this Hon’ble commission. The claim for the loss of parcel has been settled Under Section 103 of Indian Railway Act “Extent of money liability in respect of any consignment:- (1) Where any consignment is entrusted to a railway administration for carriage by railway and the value of such consignment has not been declared as required under sub-section (2) by the consigner, the amount of liability of the railway administration for the loss, destruction, damage, deterioration or non-delivery of the consignment shall in no case exceed such amount calculated with reference to the weight of the consignment as may be prescribed”. This amount of Rs.2,700/- has been calculated on the basis of weight mentioned in the parcel way bill, since the complainant has not declared at the time of not paid prescribed percentage charges to that extent. These opposite party denies that there is a deficiency in service on the part of the opposite parties. The complainant is not entitled to receive the sum of Rs.1,97,126/- towards the value of the consignment and Rs.2,00,000/- for mental agony and angus suffered by the complainant. This complaint may be dismissed with no cost.
3. Proof affidavit of complainant filed. Ex.A1 to Ex.A14 were marked. Proof affidavit of first and second opposite parties not filed. Proof affidavit of third and fourth opposite parties filed. Opposite parties – 1 to 4 Documents not filed. Written argument of complainant filed. Written argument of first and second opposite parties not filed. Written arguments of third and fourth opposite parties filed. Oral arguments of both sides heard.
4. The Points that arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
parties?
2. Whether the complainant is entitled for relief as claimed in the complaint?
3. To what relief, the complainant is entitled to?
5. POINT NOS.1&2: In the present case there is no dispute that the complainant’s Daughter had booked a parcel having two packages from new jalpae Curi, Railway station West Bengal to Jolarpet Railway Station and she has also paid a sum of Rs.525/- as service charge. Further it is also not disputed the said parcel did not received by the complainant. The only defence raised by the opposite party is that in view of the section 103 of Railway Act, they has settled the above dispute and send a DD of Rs.2,700/- as compensation to the complainant. But the complainant refused to accept the same and filed this complaint. In the present case, the opposite party categorically admitted that the packages of the complainant’s was lost. But they took stand that in view of the section 103 of Railway Act, they have settled the dispute and rendered a sum of Rs.2,700/- as compensation. But in modern era the consumers are accepted more from the public sector undertaking like Railways. On the other hand the opposite parties simply excuses citing the section 103 of Railway as an execution. In our consider opinion though the opposite parties come forward to settle the above dispute under section 103 of Railway Act 1989, the Consumer Protection Act 2019 is no way impediment from dealing with the short coming of the Railways and other public sector undertakings in particularly service sector. Therefore, we are of the consider opinion that the Railways is also within the preview of the Consumer Protection Act and if there is any short comings in the service of the Railway authorities the Consumer Commission have power to dealt with suitable. Therefore, we find that the opposite parties has committed deficiency in service. Hence, these Point Nos. 1 and 2 are answered accordingly.
6. Point No. 3: As we have decided in Point Nos. 1 and 2 that there is a deficiency in service on the part of the opposite parties. The opposite parties are jointly or severally directed to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant. Hence, this Point No.3 is also answered accordingly.
7. In the result, this complaint is partly allowed. The opposite parties are jointly or severally directed to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 21st September 2022.
Sd/- Sd/- Sd/-MEMBER-I MEMBER – II PRESIDENT
LIST OF COMPLAIANNT SIDE DOCUMENTS:
Ex.A1-20.04.2017 – Copy of the Receipt No.RRNo. D690090 issued by the first
opposite party
Ex.A2-29.05.2017 – Copy of the legal notice sent by the complainant to the second
opposite party
Ex.A3-22.08.2017 - Letter sent to the daughter of the complainant by 3rd opposite
Party
Ex.A4-20.11.2017 – Letter sent by the daughter of the complainant to the 3rd
opposite party enclosing the bill
Ex.A5-12.03.2018 – Letter sent to the daughter of the complainant by 3rd opposite
party (Railway authority)
Ex.A6-22.02.2018 – Railway letter sent to the complainant by 2nd opposite party
(Railway authority)
Ex.A7-09.04.2018 – Copy Letter sent to the 3rd opposite party by daughter of
complainant
Ex.A8-17.04.2018 – Copy of Letter sent to the 3rd opposite party by the complainant
Ex.A9-09.06.2018 – Office copy of the legal notice sent to the 3rd opposite party by
Complainant
Ex.A10-27.06.2018 – Letter sent to the complainant by 3rd opposite party (Railway
authority)
Ex.A11-12.07.2018 – Letter sent to the 3rd opposite party by the complainant
Ex.A12–30.08.2018 –Copy of Letter sent to the 3rd opposite party by the
complainant
Ex.A13–30.08.2018 – Copy of Indian bank cheque
Ex.A14-06.12.2018 - Letter sent to the 3rd opposite party by the
complainant
LIST OF OPPOSITE PARTIES SIDES DOCUMENTS: -NIL-
Sd/- Sd/- Sd/- MEMBER-I MEMBER – II PRESIDENT
