CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA
CC.No.168 of 24-02-2014
Decided on 16-07-2014
Gurminder Singh aged about 28 years S/o Nirmal Singh R/o Farid Nagar, Gali No.1, Rampura Phul, District Bathinda.
........Complainant
Versus
1.Trackon Couriers Pvt. Ltd., New Market, Rampura Phul, District Bathinda through its Proprietor R.K Grover (Gogi).
2.DTDC Courier and Cargo Ltd., Railway Parcel Godown, Near Samrat Hotel, Railway Road, Bathinda, through its Incharge/Proprietor/Partner/Owner/Manager.
3.DTDC Courier and Cargo Ltd., Corporate Office DTDC House, 3 Victoria Road, Bangalore 560047, through its MD/Director/Owner.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt.Vikramjit Kaur Soni, President.
Smt.Sukhwinder Kaur, Member.
Sh.Jarnail Singh, Member.
Present:-
For the Complainant: Sh.Naresh Garg, counsel for the complainant.
For Opposite parties: Sh.Varun Gupta, counsel for the opposite party No.1.
Opposite party Nos.2 and 3 ex-parte.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that on 1.2.2014, the complainant sent the following documents to High Commission, Canada office at Colombo through the opposite party No.1:-
i)RPRF on life fee receipt of CAD $980/- for primary applicant and spouse.
ii)Medical confirmation tracking sheet for primary applicant, spouse and child.
iii)Diploma certificate and details marks sheets for all six semesters of diploma (Copy).
iv)Degree certificate and details marks sheets for all six semesters of degree (Copy).
v)Experience certificate from current employer (Original).
vi) Joining letter from current employer (Copy).
vii)Experience certificates from previous two employers (Copy).
vii)Summary of funds
viii)Balance certificate from State Bank of Patiala (Original).
(ix)Six months statement from State Bank of Patiala (Original).
x)Balance certificate from HDFC Bank(Original).
xi) Six months statement from HDFC Bank (Original).
Documents of Savita Sharma wife of the complainant:-
i)Senior Secondary Certificate and details marks sheet of Senior Secondary (Copy).
ii)Degree certificate and detail marks sheets for all 3 years of Bachelor of Science (Copy).
iii)Master degree certificate and details marks sheets for all two years of master of science (Copy).
iv)Degree certificate details marks sheet for Bachelor of Education (Copy).
The opposite party No.1 charged the amount of Rs.1120/- from the complainant to send the abovesaid courier to its destination and further handed over the abovesaid documents (Parcel) to the opposite party No.2 vide receipt No.N95085050. The complainant had sent the abovesaid documents for the purpose of settling in Canada that were very important documents for the immigration and settling of the complainant and his family in Canada. The complainant paid the amount of Rs.2230/- Canadian Dollar (1250+980) to the Canada Embassy at Colombo, its office gave him the final date 3.3.2014 for receiving the abovesaid documents. 3.3.2014 is the last date and if no documents received by the Canada Embassy from the complainant, the fees of Rs.2230/- Canadian Dollar was to be forfeited. Due to the negligence on the part of the opposite parties all the documents in the parcel totally damaged and could not reach at their destination. Thereafter the complainant many times approached the office of the opposite party No.1 and telephonically contacted the office of the opposite parties at Bangalore, Chennai and Colombo, but they always lingered on the matter on one or the other pretext. The complainant sent many e-mails to the opposite parties, they sent one picture to him through e-mail, in which they conveyed him that his parcel was totally damaged, but they did not return him the damaged parcel, in which there are some original documents of the complainant and his family. After that the complainant arranged all the documents again and sent the same through DHL courier, it charged the amount of Rs.1785/- from him. The complainant also spent the amount of Rs.50,000/- to collect the documents again and to make telephonic calls to the opposite parties and immigration office at Colombo. On 18.2.2014, the opposite party No.1 returned the total damaged parcel/packet to the complainant alongwith self declaration letter dated 18.2.2014. The complainant again approached the opposite parties and requested them to pay the amount of Rs.50,000/- incurred by him to recollect the documents and to make telephonic calls to them and immigration department and amount of Rs.1120/- spent on courier service, but the opposite parties refused to pay the same. Hence the complainant has filed the present complaint to seek the directions of this Forum to the opposite parties to refund the amount of Rs.1120/- as courier charges and Rs.50,000/- incurred by him on recollecting the documents and on telephone calls alongwith cost and compensation or to give him any other additional or alternative relief for which he may be found entitled to.
2. The opposite party No.1 after appearing before this Forum has filed its written statement and pleaded that the complainant handed over one packet to the opposite party No.1 to send the same on the given address, on this the opposite party No.1 clearly stated him that its company would not provide the service at abroad and on this he told the opposite party No.1 to handover the same to the best service provider. The opposite party No.1 handed over the receipt to the complainant regarding receiving the packet and further handed over the same to the opposite party No.2 and got the receipt and handed over the same to the complainant on the very next day. The DTDC charged the amount of Rs.1100/- for the delivery of the abovesaid parcel. The opposite party No.1 denied all other allegations levelled by the complainant in his complaint.
3. Notice by hand/dasti was sent to the opposite party No.2, but it has refused to receive the same and registered notice has been sent to the opposite party No.3 on dated 10.3.2014 vide postal receipt No.A RP294945104IN, but despite of service of summons none appeared on behalf of the opposite party Nos.2 and 3 before this Forum, hence ex-parte proceedings are taken against them.
5. The parties have led their evidence in support of their respective pleadings.
6. Arguments heard. The record alongwith written submissions submitted by the parties perused.
7. The complainant has booked one courier on dated 1.2.2014 to be sent to High Commission, Canada office at Colombo through the opposite party No.1 containing following documents:-
i)RPRF on life fee receipt of CAD $980/- for primary applicant and spouse.
ii)Medical confirmation tracking sheet for primary applicant, spouse and child.
iii)Diploma certificate and details marks sheets for all six semesters of diploma (Copy).
iv)Degree certificate and details marks sheets for all six semesters of degree (Copy).
v)Experience certificate from current employer (Original).
vi) Joining letter from current employer (Copy).
vii)Experience certificates from previous two employers (Copy).
vii)Summary of funds
viii)Balance certificate from State Bank of Patiala (Original).
(ix)Six months statement from State Bank of Patiala (Original).
x)Balance certificate from HDFC Bank(Original).
xi) Six months statement from HDFC Bank (Original).
Documents of Savita Sharma wife of the complainant:-
i)Senior Secondary Certificate and details marks sheet of Senior Secondary (Copy).
ii)Degree certificate and detail marks sheets for all 3 years of Bachelor of Science (Copy).
iii)Master degree certificate and details marks sheets for all two years of master of science (Copy).
iv)Degree certificate details marks sheet for Bachelor of Education (Copy).
The opposite party No.1 charged the amount of Rs.1120/- from the complainant to send the abovesaid courier to its destination and further handed over the abovesaid documents (Parcel) to the opposite party No.2 vide receipt No.N95085050. The last date of sending of the abovesaid papers to the Canada Embassy at Colombo was 3.3.2014, but the opposite party No.2 did not send the same to its destination in time. The courier/parcel of the complainant neither reached to its destination nor returned to him till date, rather the complainant has to procure all the documents against which he has sent the courier. After receiving several e-mails from the complainant, the opposite parties sent him one picture through e-mail, in which they conveyed him that his parcel was totally damaged, but they did not return him the said parcel.
8. The opposite party No.1 submitted that it is not carrying on the business to send the courier at abroad, so it sent the courier of the complainant through DTDC. As such the opposite party No.1 cannot be held liable for not reaching of the courier to its destination.
9. The opposite party Nos.2 and 3 did not feel appropriate to approach this Forum, which amounts to their admission that there is lapse on their part and are deficient in providing proper service to the complainant.
10. The complainant has sent an e-mail to the opposite party No.3 vide Ex.C4, in which he has mentioned 'At the moment please return my damaged document parcel to me immediately. Also clarify how it was damaged. Right now I am extremely upset due to DTDC service and because of this type of act by DTDC I have suffered from mental harassment and financial loss', in reply to the said e-mail, the picture of the damaged parcel has been sent to the complainant. Ex.C5, shows the Tracking Results, in which Shipment Travel History is given as 'Status:-Saturday, February 1, 2014 Shipment Booked, Bathinda Super Franchisee, Location:-Branch:Bathinda Super Franchisee, Time:-10:30 PM; Status:-Out scan for region office, Delhi, Location:-Branch:Bathinda Super Franchisee, Time:-10:40 PM; Status:-Sunday, February 2, 2014 Not found during inscan at region office, Delhi, Location:-Region office:North Delhi, Time:-3:15 PM; Status:-Monday, February 3, 2014 Inscan at region office, Delhi, Location:-Region office:North Delhi, Time:-9:20 PM; Status:-Outscan for Gateway Chennai, Location:-Region office:North Delhi, Time:-11:33 PM; Status:-Thursday, February 6, 2014 In scan at gateway, Channai, Location:-Gateway:Chennai, Time:-7:56 PM and Status:-Tuesday, February 11, 2014 Load Returned back to customer, Location:-Region:North Delhi, Time:-7:56 PM'. Tracking results reported to regions, meaning thereby the same has been sent to the opposite party No.1 by the opposite party No.2 in the damaged condition vide Ex.C6. R.K Grover @ Gogi has given the 'self declaration', in which he has mentioned at point No.3 that he has received the parcel from DTDC Courier, Railway Road, Bathinda in damaged condition and the same was handed over to Gurminder Singh R/o Rampura Phul. Thereafter the complainant has to send his entire documents through DHL Express by spending the amount of Rs.1785/-. Ex.C9, clearly shows the damaged condition of the parcel in question.
11. Thus from the facts, circumstances and evidence placed on file we are of the considered opinion that the complainant booked the parcel with the opposite party No.1, as it is not carrying the business to send the parcel to abroad, so it further sent the parcel to the opposite party No.2 to send the same to its destination, but the abovesaid parcel has been damaged in transaction. The documents were very important and required to reach on fixed date i.e. 3.3.2014, but the same did not reach in time, due to this the complainant has to send those documents through another courier and has to spend the amount of Rs.1785/- for it. The complainant has not placed on file any evidence to show that he has spent the amount of Rs.50,000/- to procure the abovesaid documents, which he has sent again to Canada Embassy at Colombo. The act of the opposite parties have resulted into botheration and harassment to the complainant, as the complainant has to prepare all the documents again. Thus it would meet the ends of justice if some compensation be awarded to the complainant on this account.
12. Therefore in view of what has been discussed above there is deficiency in service on the part of the opposite parties. Hence this complaint is accepted with Rs.5000/- as cost and Rs.25,000/- as compensation against the opposite parties on all accounts including the amount of Rs.1120/-.
13. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.
14. In case of non-compliance within the stipulated period, the interest @9% per annum will yield on the amount of Rs.1120/- till realization.
15. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
16-07-2014
(Vikramjit Kaur Soni)
President
(Sukhwinder Kaur)
Member
(Jarnail Singh)
Member
