DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,   U.T. CHANDIGARH

Vijay Kumar Agarwal, aged 27 years, S/o Sh.Naresh Kumar Agarwal, Resident of H.No.44, Phase-2, Ramdarbar, Chandigarh.    

             …..Complainant

Versus

1]  Trackon Couriers Pvt. Ltd., through its Managing Director/Prop/Manager, SCO 31, Ground Floor, Sector 31-D, Chandigarh.

2]  Trackon Courier Pvt. Ltd., through its Managing Director/Manager, Head Off-Address A-64, Naraina Industrial Area, Phase-1, New Delhi 110028.

                          ….. Opposite Parties

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

         SMT.PRITI MALHOTRA        MEMBER

                                SH.RAVINDER SINGH         MEMBER 

Argued by: Complainant in person.

 Sh.Vijay Mangla, Adv. for OPs.

PER RAVINDER SINGH, MEMBER

         The facts in issue are that the complainant on 18.1.2018 booked a courier/parcel containing his forms for law researcher with Opposite Parties.  It is averred that the said courier containing forms were required to be submitted before or at 5 PM on 19.1.2018 at New Delhi to which the OPs assured its timely delivery.  The complainant paid Rs.200/- for said courier to the Opposite Parties (Ann.C-1 & C-2).  It is submitted that the Opposite Parties failed to deliver the said courier in time, due to which the career of the complainant was destroyed.  Alleging the said act of the OPs as deficiency in service, hence this complaint has been filed.

2]       The Opposite Party No.1 has filed reply and while admitting the factual matrix of the case, stated that delivery time of any consignment is never guaranteed. It is stated that the complainant never informed about the time restriction, otherwise the Opposite Party would never accepted the letter.  It is also stated that time is never guaranteed in the metro cities due to heavy traffic rush and jams and moreover, there was diversions due to preparations of Republic Day ahead but still every effort was made to deliver the letter on the same day and thus the Opposite Party cannot be held liable for any reasons which are beyond its control.  It is submitted that OP Company provide services of carrying out the delivery of letter and parcel from the place of booking to delivery addresses on private and fast delivery modes and every endeavor is taken to accomplish the task within the best possible time, but time never guaranteed.  It is also submitted that if the parcel would have been so much important to the complainant in his career making, the complainant would not have waited for the last moment for submission.  Pleading no deficiency in service and denying other allegations of the complainant, it is prayed that the complaint be dismissed.

         The Opposite Party NO.2 has also filed reply stating that no assurance of delivery of the consignment on the next day was given to the complainant, as alleged.  It is stated that the consignment was booked by the agent of Opposite Party No.2 at Chandigarh on 18.1.2018 at 19.20 hours, the same reached Delhi Head Office on the next day i.e. 19.1.2018 in after noon, then it was taken out for delivery soon after and the same reached the destination at 16.30 hours, the office of the consignee was found locked and as a result, the consignment could not be delivered.  It is stated that 20^th and 21^st Jan., 2018 were holidays being Saturday and Sunday in the office of consignee/addressee and therefore, the consignment was delivered to the consignee on 22.1.2018.  It is also stated that the delivery of the consignment on 22.1.2018 was because of circumstances beyond the control of the Opposite Party and hence no negligence can be attributed to it. Denying other allegations, the Opposite Party No.2 has prayed for dismissal of the complaint.  

3]       Complainant also filed rejoinder thereby reiterating the assertions made in the complaint.

4]       Parties led evidence in support of their contentions.

5]       We have heard the complainant in person, ld.Counsel for the Opposite Parties and perused the entire record.

6]      The complainant has booked the consignment with OPs on 18.1.2018 at 19:20 Hours (07.20 PM) (Ann.C-1).  The Track Record of the booked parcel of the complainant from the time of booking till delivery (Ann.C-3) is copied/scanned hereunder:-

7]       From the perusal of the movement of the parcel, it is clear that the Opposite Parties have taken all steps for expeditious timely delivery of the same to the consignee/addressee.  The Parcel was booked on 18.1.2018 at 7.20 PM and on 19.1.2018 at 16:40 Hours, the parcel was sent for delivery to the given address, but on reaching the destination, the office concerned was found Locked.  There appears to be no inordinate delay at any stage of transition of the parcel. It is further found from the perusal of the consignment receipt (Ann.C-1) that there was no fixed target of delivery of the parcel before 5.00 PM on 19.1.2018.

8]       Keeping into consideration the entire facts & circumstances of the case, no deficiency of service on the part of Opposite Parties is noticed.  It will be injustice if an innocent trader or service provider is burdened with any financial liability without any cogent and established lapse on its part.  The complaint as such is dismissed with no order as to costs.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

24^th July, 2018                                          

                                                                                                Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

Sd/-

 (PRITI MALHOTRA)

MEMBER

Sd/-

(RAVINDER SINGH)

MEMBER