DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 15^th day of July 2019

Present  : Smt.Shiny.P.R,  President

                 : Sri. V.P.Anantha Narayanan, Member                            Date of Filing : 06/09/2018

      CC/105/2018

1. Sruthi. S

D/o. C. Subrahmanian,Nalinam House,

Ongallur,Kalladipotte Post,

Pattambi , Pin -679 313

2. C. Subrahmanian,

S/o. Raman Nair,Nalinam House,

Ongallur,Kalladipotte Post,

Pattambi , Pin -679 313

3. Suhas. S                                                                                                           -  Complainants

D/o. C. Subrahmanian,Nalinam House,

Ongallur,Kalladipotte Post,

Pattambi , Pin- 679 313

1. The Professional Couriers, Pattambi ,

Area Manager,Opposite KSEB,

Main Road, Pattambi, Pin – 679 303

2. The Professional Couriers, Palakkad ,

Manager,Surya Kannullam.Opposite Chanakya Hotel,

Chandranagar,  Palakkad – 678 007

(Opp.parties 1 & 2 By Adv.U.Suresh)

3. The Professional Couriers,

Customer Care Manager, Angaline F,

No. 57, Professional land mark, Mission Road, Near IDBI Bank,                   -  Opposite parties

 Bangaluru, Karnataka State, Pin – 560 027

4. The Professional Couriers,

Manager Jagadish Jamalkeri,

Gulbarge (Kalaburagi),

Karnataka State ,Pin – 585 101

5. The Professional Couriers,

Bider,Manager Kothala Shivakumar,

Near Old Busstand, Bidar, Karnataka

Pin – 585 401

OR D E R

By Sri. V.P.Anantha Narayanan, Member  

The facts of the case in brief are mentioned as follows.

On 28/05/2018 1^st complainant’s brother Mr.Suhas.S sent her a mobile phone by professional courier from Pattambi to Bidar vide consignment number :-SNR1313077 for which he paid a courier charge of Rs.70/-.  According to the 1^st complainant, the subject phone was purchased by her brother in 2014 for her and since it was having some kind of charging problem, he got it repaired from Calicut.  The 1^st complainant also pleads that Pattambi Professional courier agency had forgotten to ask her brother about the value of the consignment which was not informed by her brother also; the consignment was to reach Bidar by 1^st June 2018.  As the 1^st complainant did not get the item by1st June 2018, on 2^nd June 2018, 1^st complainant enquired about it in Bidar office who told her that, they have not received the item and as no tracking history of this item was available 1^st complainant was unable to track the consignment.  Again on 4^th June 2018 complainant enquired about the item at Bidar office and as per their instructions she contacted the Pattambi office and informed them about the issue; from Pattambi office they contacted their Palakkad office and filed a complaint there regarding this issue.  On 6^th June 2018 an incomplete tracking history of the complainant’s consignment was available at tpcindia.com which showed that the consignment reached Bangalore office on 30/05/2018 at 10.52 am and they forwarded the same to their Gulbarga office on 30/05/2018 itself at 16 hours; on enquiry at Bidar office, they contacted Gulbarga office and replied that they did not yet receive the consignment on 06/07/2018 at 12.16 pm   1^st complainant’s brother registered a complaint in professional courier website tpcindia.com-CRM ID Number: CRM 213360 and had sent emails on 7^th June at 6.01 pm.  Again on 10^th June 2018 at 12.09 pm for that anjaline@tpcblr.in had replied that the consignment has been despatched to Gulbarga on 30/05/2018 and told the complainant to contact Gulbarga office.  On 07/06/2018 complainant contacted Bangalore office and from there following instructions by Bangalore office contacted Gulbarga office on 07^th June 2018 and he was informed that the consignment was directly sent to Bidar office without receiving it at Gulbarga.  On enquiry at Bidar office 1^st complainant came to know that the consignment has not reached Bidar.            1^st complainant pleads that her rights were compromised and the professional courier failed in fulfilling their responsibilities.  Then complainant registered a complaint by calling the National Consumer Helpline on 12/06/2018 at 13.35 hours who informed the 1^st complainant to send a reminder email to the professional courier agency and wait for 7 to 10 days for their response.  On getting no response from the company, 1^st complainant again contacted consumer help line on 25^th June 2018 at 13.49 hours who advised her to send a written complaint and wait for the company response and on not getting any response from the company complainant approached consumer help line on 02/07/2018 at 16.42 hours and was asked to send a reminder letter and wait for the response.  Finally complainant got a reply from Palakkad professional courier office which was not satisfactory.  So complainant contacted consumer help line on 09/07/2018 at 15.55 hours who informed the complainant to contact Consumer Forum in her area for further proceedings.  Complainant also pleads that she is a MBBS student hailing from a middle class family and since she lost her smart phone she was unable to search and see practical videos related to her study things during these months.  She was also not able to get messages relating to her classes circulated through whatsapp which created to her much mental agony.  According to the 1^st complainant, to protect her rights as a consumer she has filed her complaint against professional courier agency and she also prays that she did not get her consignment till now and demanded the professional courier agency either to give it back or to give compensation in the form of money (the worth of her mobile phone - HTC Desire 816 G dual sim of Rs.16,470/- in 2014 plus cost of back cover of Rs.499/- or Rs.500/- = Rs.17,500/-).  Complainant also prays for additional expenses of Rs.4,000/-which include compensation for the act of deficiency in service on the part of opposite parties and cost of proceedings.

The complaint was admitted and notices was sent to opposite parties 1 to 5; notices to opposite parties 3 to 5 were served their names were called absent and they were set ex-parte.  The 1^st and 2^nd opposite parties jointly filed their version.  According to them the complaint is filed experimentally and does not stand legally.  These opposite parties admit as correct the statement in the complaint that 1^st complainant’s brother entrusted a consignment with the 1^st opposite party on 28/05/2018 but he did not inform the 1^st opposite party what was inside the consignment nor it was known to the 1^st opposite party.  Complainant’s brother entrusted consignment was sent as per its address, which consignment reached 3^rd opposite party’s office on 30/05/2018 at 10.52 am and this consignment was sent from the 3^rd opposite party’s office to the Gulbarga office of the opposite parties at 4.00 pm on 30/05/2018.  That the consignment was sent to Gulbarga office was known to these opposite parties through the 3^rd opposite party.  Regarding this complaint no deficiency has occurred on the part of the 1^st opposite party as contended by these opposite parties.  They also argue that the 2^nd opposite party is not a necessary party in this case because 2^nd opposite party has done no dealings with the complainants.  These opposite parties have no litigation causes with the complainants and no reliefs in the complaint are allowable to the complainants from the opposite parties.  It is also contended that from the documents filed by the complainant it is clear that there is no deficiency in service from the part of the 1^st and 2^nd opposite parties.  Hence these opposite parties pray to this Hon’ble Forum to uphold their contentions and dismiss this complaint. 

Complainant filed chief affidavit, so also the opposite parties 1, 2 & 3.  1^st and 2^nd opposite parties filed IA/113/2019 seeking permission to cross examine the complainant and this IA was allowed and complainant was cross examined as PW1 and Exts.A1 to A12 were marked from the side of the complainant.  Both parties were also heard. 

The following issues arise in this case.  

1. Whether there is any deficiency in service on the part of opposite parties?
2. If so, the relief and cost available to the complainants?

Issues 1 & 2 in detail.

            The complainant has produced before this Forum Exts.A1 to A12 to prove their pleas.  Ext.A1 is a receipt of professional courier booking made on 28/05/2018 at Pattambi professional courier office which shows receipt number, courier charge, date of courier booking, name of consignee, name of consigner etc.  Ext.A2 is a copy of email regarding loss of consignment at tpcindia.com dated.7^th June 2018 which shows name of the sender, date and time, subject etc. Ext.A3 is a reply mail from the professional courier agency dated.08/06/2018 which shows instruction to GLB Team by customer care, the professional couriers Bangalore Regional Office; it also contains instruction to search physically where about of the subject shipment which was despatched to Gulbarga via Bangaluru on 30/05/2018 from TPCPL/HO Mumbai.  This Ext. also shows a copy of Ext.A2 mail sent by the complainant.  Ext.A4 is a copy of 2^nd mail regarding loss of consignment to tpcindia.com dated. 10^th June 2018 at 12.08 am which discloses name of sender, date of mail, subject, to whom sent etc.  Ext.A5 is a copy of mail informing the professional courier agency that the 3^rd complainant filed a complaint in Consumer Court which shows complaint No. as 7773963, name of the sender of the mail, date and to whom the mail is sent, subject matter of complaint etc.  Ext.A6 is purchase details of the subject phone on 11/11/2014, such as the date of purchase, from whom purchased, the smart phones model (HTC desire 816 G8 GB Blue, sub order details, its price, sub order Id, delivery date, last updated etc.).  Ext.A7 is sub order details of back cover on 11/05/2015 which discloses from whom purchased, date upto which return/replace was allowed, price, sub order Id, date of delivery, last updated on etc.  Ext.A8 is a copy of written complaint to professional courier agency, Palakkad dated.26/06/2018 by the 1^st complainant from Bidar which shows name of the complainant, to whom the complaint was given, date of complaint, subject matter of complaint etc. Ext.A9 is a reply letter from Palakkad Professional Courier agency dated.05/07/2018 which shows name & address of the sender of the reply, date of reply, to whom reply given, the subject matter of reply etc.  Ext.A10 is a copy of reminder letter to Palakkad professional courier agency dated.10/07/2018 Bidar which discloses name of the sender of the reminder letter, to whom the reminder letter was sent, subject matter of the reminder letter, date of the letter.  Ext.A11 is a printout copy of ACM tempered glass which mentions from whom purchased, its price, its delivery date, last updated on, sub order ID etc. Ext.12 is original bill for HTC desire 816 G8 GB Blue smart phone dated.11/11/2014 which shows the value of the disputed smart mobile phone, through whom it was purchased, recipient’s address, ordered via snapdeal.com.

            We have perused the affidavits of the complainant and the opposite parties 1,2 &3 and understood that on 28/05/2018 the 3^rd complainant sent to the 1^st complainant by professional courier agency, Pattambi a mobile phone - HTC desire 816 G8 GB through the 1^st opposite party from Pattambi  to Bedar which is clear from Ext.A1 and the 1^st and 2^nd opposite parties also admit that 1^st complainant’s brother (3^rd complainant) entrusted the disputed consignment with the 1^st opposite party on 28/05/2018.  We also observe that 1^st opposite party is seen to have admitted that inside the consignment it was a mobile phone is not known to him which shows that he has not enquired or asked the complainant about the contents of the entrusted consignment before accepting the same for sending to Bedar which enough demonstrates that he has committed a grave deficiency in his service.  We also observe that up to the date of filing this complaint (06/09/2018) the disputed consignment is not seen delivered to the                        1^st complainant at Bedar.  The 1^st and 3^rd complainants have been seen to have enquired at all opposite parties offices to know what happened to the disputed consignment sent from Pattambi to Bedar, but they were not able to track the said consignment and the opposite parties also could not give a definite reply to the complainant about the whereabouts of the disputed consignment which shows a grave deficiency in service and unfair trade practice committed by the opposite parties.  It is also seen that complainant has sent emails at tpcindia.com(clear from EXts.A2 and A4), even then the consignment could not be tracked.  We also observe that a written complaint dated.26/06/2018 was sent to professional courier agency, Palakkad regarding this issue (vide Ext.A8) and a reminder letter was sent to Palakkad professional courier agency (vide Ext.A10) regarding this issue, even then the said consignment could not be traced and the reply given by the Palakkad professional courier agency was not satisfactory which also shows commission of deficiency in service on the part of the opposite parties.  Further we also observe that the 1^st complainant is a MBBS professional student and the usage of smart phone is much indispensible to her for her studies and for getting whatsapp messages about her classes and about her lessons and lecture notes which must have definitely created a lot of difficulties, inconvenience and mental agony to the 1^st complainant in pursuing her professional studies effectively, besides incurring a lot of expenses for this. 

            Considering all the above points we observe that the opposite parties have committed   a serious deficiency in their service by not effectively searching about and tracking the disputed consignment and not delivering the consignment as early as possible which must have definitely created a lot of difficulties and mental agony to all the complainants generally and to the 1^st complainant in particular.  Hence we decide to allow the complaint. 

            We order the opposite parties 1 to 5 jointly and severally to pay Rs.17,500/- (Rupees seventeen thousand five hundred only) to the complainant by way of the cost of lost smart phone including the cost of back cover.  We also direct the opposite parties 1 to 5 jointly and severally to pay a compensation for mental agony together with cost of this proceedings of Rs.4,000/- (Rupees four thousand only) to the complainant. 

The aforesaid amount shall be paid within one month from the date of receipt of this order; failing which the complainant is also entitled to realize 9% interest p.a from the opposite parties on the total amount due to him from the date of this order till realization.   

Pronounced in the open court on this the 15^th day of July 2019.  

                                                                         Sd/-                                                                                                  Shiny.P.R                                                                                 

                                 President

                                    Sd/-

                 V.P.Anantha Narayanan

                                Member

Appendix

Exhibits marked on the side of complainant

Ext.A1      - Photocopy of  receipt of professional courier booking made on 28/05/2018 at

                    Pattambi professional courier office which shows receipt number, courier charge,

                    date of courier booking, name of consignee, name of consigner etc

Ext.A2     -  copy of email regarding loss of consignment at tpcindia.com dated.7^th June 2018

                    which shows name of the sender, date and time, subject etc

Ext.A3     -  reply mail from the professional courier agency dated.08/06/2018 which shows

                    instruction to GLB Team by customer care, the professional couriers Bangalore

                    Regional Office; it also contains instruction to search physically where about of the

                    subject shipment which was despatched to Gulbarga via Bangaluru on 30/05/2018

                   from TPCPL/HO Mumbai

Ext.A4     -  copy of 2^nd mail regarding loss of consignment to tpcindia.com dated. 10^th June

                    2018 at 12.08 am which discloses name of sender, date of mail, subject, to whom

                   sent etc

Ext.A5     -  copy of mail informing the professional courier agency that the 3^rd complainant filed

                    a complaint in Consumer Court which shows complaint No. as 7773963, name of the

                    sender of the mail, date and to whom the mail is sent, subject matter of complaint etc

Ext.A6     -  purchase details of the subject phone on 11/11/2014, such as the date of purchase,

                    from whom purchased, the smart phones model (HTC desire 816 G8 GB Blue, sub

                    order details, its price, sub order Id, delivery date, last updated etc.)

Ext.A7     -  sub order details of back cover on 11/05/2015 which discloses from whom

                    purchased, date upto which return/replace was allowed, price, sub order Id, date of

                    delivery, last updated on etc

Ext.A8     -  copy of written complaint to professional courier agency, Palakkad

                    dated.26/06/2018 by the 1^st complainant from Badar which shows name of the

                    complainant, to whom the complaint was given, date of complaint, subject matter of

                    complaint etc

Ext.A9     -   reply letter from Palakkad Professional Courier agency dated.05/07/2018 which ‘                     shows name & address of the sender of the reply, date of reply, to whom reply given,

                     the subject matter of reply etc

Ext.10      - copy of reminder letter to Palakkad professional courier agency dated.10/07/2018

                    Bidar which discloses name of the sender of the reminder letter, to whom the

                   reminder letter was sent, subject matter of the reminder letter, date of the letter

Ext.A11   -  printout copy of ACM tempered glass which mentions from whom purchased, its ‘                   price, its delivery date, last updated on, sub order ID etc

Ext.A12   -  original bill for HTC desire 816 G8 GB Blue smart phone dated.11/11/2014 which

                    shows the value of the disputed smart mobile phone, through whom it was

                    purchased, recipient’s address, ordered via snapdeal.com

Exhibits marked  on the side of Opposite parties

Nil

Witness examined on the side of complainant

PW1         -  Subramanyan
 

Witness examined on the side of opposite parties

Nil

Cost

                 Nil