DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1151/2015
D.No._______________________ Dated: __________________
IN THE MATTER OF:
Mrs. ALKA GUPTA,
W/o Dr. PREM SAGAR GUPTA,
R/o B-3/39, SECTOR-16,
ROHINI, DELHI-110089. … COMPLAINANT
Versus
1. TRACKON COURIERS PVT. LTD.,
(THROUGH ITS CEO/PRINCIPAL OFFICER),
A-64, NARAINA INDL. AREA, PH-I,
NEW DELHI-110028.
2. M/s ROHIT ENTERPRISES,
A-3/219, SECTOR-17,
ROHINI, DELHI-110098. … OPPOSITE PARTY(IES)
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 06.10.2015 Date of decision: 14.05.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OPs under Section 12 (A) of the Consumer Protection Act, 1986 thereby alleging that the complainant availed the services of OP-2 i.e. franchise of OP-1 for sending a packet weighing 800 gms on 08.08.2015 to be delivered to the son of the complainant namely Anuj Gupta at Bangalore and the complainant paid the required
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amount of Rs.110/- as per cash receipt no. 459430276 issued by OP-1. The complainant further alleged that when the packet did not reach the son of the complainant on 14.08.2015, the complainant started enquiring from the booking office in Sector-17, Rohini, Delhi and he advised the complainant to wait and the complainant tracked the article for delivery status and the complainant was surprised and shocked to note that it was being sent back to Delhi without delivery and the complainant collected the packet from Sector-17, Rohini, Delhi on 28.08.2015 and when the complainant asked for refund of the amount paid as Rs.110/-, OP-2 refused to refund the money and gave in writing that there was no refund money as Rs.110/-. The complainant further alleged that the complainant had been sending e-mails to customercare@trackoncourier.com from 29.08.2015 to 08.09.2015 to settle the issue amicably but it was of no use and in reply to mail dated 29.08.2015, customer care head at corporate office simply informed the complainant to contact booking branch as consignment had been returned to booking branch. On 08.09.2015, the complainant sent legal notice to Delhi office of OP-1 which was delivered on 09.09.2015 as per tracking report and as the parcel was not delivered at Bangalore as required, OP was at least expected to refund the charged amount of Rs.110/- which the booking agency refused to refund and gave in writing that there is no refund and the complainant had sent one parcel earlier also from the same courier
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and at the same address which was delivered though late and based on that the complainant had sent this parcel with the consent of booking office and non-delivery of parcel and non-refund of charges amounts to deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to the OPs to refund the charged amount of Rs.110/- as well as Rs.500/- for legal notice and Rs.5,000/- as litigation charges which was thrust upon the complainant for none of her fault as well as compensation of Rs.5,000/- for causing him mental agony and harassment.
3. OPs have been contesting the case and have filed joint reply wherein OPs admitted the booking of a consignment on 08.08.2015 at Delhi to be delivered at Bangalore. OPs further submitted that the consignment of the complainant could not be delivered to the consignee as the address of the consignee was either incorrect or incomplete and OPs at the time of booking had wanted to know from the complainant whether the address as written in the envelope was sufficient or correct. OPs further submitted that the complainant insisted that the address is known to all in Bangalore as it is not in any remote area and because of the assurance and repeated insistence, OPs booked her consignment without any assurance of delivery and it was specifically told to the complainant that in case
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the address of the consignee was not possible to be located then her consignment shall be returned to her by OPs and the booking charges under no circumstances shall be refunded to her and the complainant agreed to the same. However, OPs despite best efforts could not locate the address of the consignee and therefore as agreed by the complainant, the consignment was returned to her and the complainant accepted back her consignment and the matter therefore ended then and there. OPs further submitted that the complainant now come up with the present complaint to harass OPs and OPs submitted that there has not been any negligence on their part.
4. The complainant did not file rejoinder.
5. In order to prove her case, the complainant filed her affidavit in evidence and also filed written arguments. The complainant also placed on record copy of courier receipt dated 08.08.2015 of Rs.110/- issued by OPs, copy of tracking report, copy of delivery run sheet no.602362 dated 28.08.2015 issued by OP-1, copies of e-mail communications dated 29.08.2015, 31.08.2015, 01.09.2015, 04.09.2015 & 08.09.2015 between the parties and copy of notice dated 08.09.2015 alongwith copy of postal receipt and tracking report. The complainant also filed photo-state copy of passport of Sh. Anuj Gupta showing he complete address of Bangalore where the consignment was to delivered. The complainant also filed tracked
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address obtained through GPS of Sh. Anuj Gupta where the consignment was to be delivered.
6. On the other hand, Sh. Rohit Kumar Gupta of OP-2 filed his affidavit in evidence which is as per line of defence taken by OPs in their reply. OPs have also filed written arguments.
7. This forum has considered the case of the parties in the light of evidence of both the parties and documents placed on record by the parties. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. In the light of documents proved on record by the complainant, it is hard to believe that the complainant at the time of booking parcel weighing 800 gms would give wrong address of the consignee who is the son of the complainant. The copy of passport and GPS tracked address of consignee clearly shows that the address of consignee was correctly given to the OPs at the time of booking of the parcel and there is no genuineness in the defence of OPs that the complainant has given wrong address. It further shows that the Bengaluru Office of the OPs have not given proper intention at the time of tracing the address of the consignee. It further shows that Bengaluru office have not properly attempted to trace the address of the consignee so that the parcel could be properly delivered to the consignee. Accordingly, this Forum is of opinion that OPs are jointly or severally guilty of deficiency in service.
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8. Accordingly, OPs jointly or severally are directed as under:
i) To refund to the complainant the booking charges of Rs.110/- which were paid by the complainant to OPs.
ii) To pay an amount of Rs.2,500/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.2,500/- towards cost of litigation.
9. The above amount shall be paid by OPs jointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fail to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 14th day of May, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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PLOADED BY :-SATYENDRA JEET
