Haryana

StateCommission

A/799/2015

TRACK ON COURIER PVT.LTD. - Complainant(s)

Versus

VIPIN KUMAR - Opp.Party(s)

SANJEEV SHARMA

22 Mar 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

                                                First appeal No.799 of 2015

Date of the Institution:21.09.2015

Date of Decision: 22.03.2017

 

1. Trackon Couriers Private Limited,C-143, Naraina Indusrial Phase, New Delhi-110028, a company duly incorporated under the provisions of Companies Act, 1956, through its AGM Kanwaljit singh (authorized representative).
2. Branch Office, Trackon Courier Pvt. Ltd. Near Clock Tower, Bus Stand Road, Karnal through its Branch Manager.

                                                                             .….Appellants

 

Versus

 

1.      Vipin Kumar S/o Shri Rattan Lal, R/o H.No.210, Moti Nagar, Behind K.R.Theatre, Karnal.

2.      ICICI Bank Limited, Sector 122, Karnal through its Divisional Branch Manager.

 

                                                                             .….Respondents

 

CORAM:    Mr.R.K.Bishnoi, Judicial Member

                    Mrs. Urvashi Agnihotri, Member

 

Present:-    Mr.Sanjeev Sharma, Advocate for the appellants.

                   Mr.Sandeep Suri, Advocate for respondent No.1.

                   None for respondent No.2.

 

 

O R D E R

R.K.Bishnoi, JUDICIAL MEMBER:

 

It was alleged by complainant that he received cheque No.003706 dated 28.06.2010 for Rs.17506/- drawn on Yes Bank New Delhi from Rudrani Multi Marketing Private Limited. He presented that cheque to his banker i.e. ICICI Bank Karnal. His banker sent that cheque for encashment, but, was received back dishonoured.  After waiting for some time when he approached his banker it was told that the said cheque was sent to him alongwith memo through O.P.No.1. As per receipt shown by O.P.No.1 the cheque was delivered to some Puneet. As the cheque was not delivered at the proper address so there was deficiency in service on their part and they be directed to pay amount of cheque and other compensation, as mentioned in complaint.

2.      O.Ps. filed separate replies controverting his averments.  It is alleged by O.P. Nos.1 and 3 that there was no privity of contract in between them.  It was O.P. No.2 who sent bounced cheque to complainant alongwith memo. There was no deficiency in service on their part.

3.      It was alleged by O.P.No.2 that when dishonoured cheque was received back, it was immediately sent to him.  It was not liable for deficiency in service on the part of O.P.Nos.1 and 3. Objections about maintainability of complaint, jurisdiction etc. were  also raised and requested to dismiss the complaint.

4.      After hearing both the parties, learned District Consumer Disputes Redressal Forum, Karnal (in Short “District Forum”)  allowed complaint vide impugned order dated 12.08.2015 and directed as under:-

“As a sequel to the foregoing discussion, we accept the present complaint and direct the OP No.1 to pay the sum of Rs.17506/- the amount of the cheque to the complainant on account of deficiency in services on its part together with a sum of Rs.5500/- for the harassment and agony caused to him and for the litigation expenses.”

5.      Feeling aggrieved therefrom O.P.No.1 has preferred this appeal.

6.      Arguments heard. File perused.

7.      As per facts mentioned above, it is clear that ICICI Bank sent cheque through courier. There was no contract in between complainant and O.P.Nos.1 and 3. Complainant was not in picture as far as case of O.P.No.1 is concerned. There was no relationship of consumer and service provider in between them.  Learned District forum failed to take into consideration this aspect. In these circumstances no liability can be fastened upon appellants.  Hence impugned order dated 12.08.2015 is set aside.  Appeal is allowed and complaint is dismissed.

8.      The statutory amount of Rs.11,550/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules.

 

March 22nd, 2017

Mrs. Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.