Appeal No.2090/08


1.First Flight Courier Ltd.

2.Pushkar G. Appellants

V.

Lalan Narain Dev Respondent


Before:


Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member


Shri Vimal Sharma,counsel for the appellants

Shri Rajesh Mootha,counsel for the respondent



Date of judgement: 2.4.2009


This appeal has been filed by the appellants courier against the order dated 21.10.08 passed by the District Forum,Chittorgarh in complaint no.266/08,by which the complaint of the complainant respondent was allowed against the appellants in the manner that the appellants were directed to pay Rs.25,000/- as amount of compensation for mental agony to the complainant respondent for not delivering the letter and further they were directed to pay Rs.3000/- as amount of cost of litigation and Rs.1000/- as amount of expenses of the notice etc.


It arises in the following circumstances:

That the complainant respondent had filed a complaint against the appellants before the District Forum,Chittorgarh on 22.5.08 interalia stating that an envelope was sent by the complainant respondent to his

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daughter who was studying in Bihar on 3.3.08 and in that envelope photo was sent as it was required for appearing in the examination after paying Rs.75/- and receipt no.was 24455957 and it was agreed that the said envelope would reach its destination on or before 18.3.08. It was further stated in the complaint that instead of delivering the letter at its destination in Bihar,the same was returned by the appellants to the complainant respondent on 18.3.08 and for the deficiency,the complaint was filed.


A reply was filed by the appellants before the District Forum on 10.7.08 and their case was that the envelope could not be got delivered at its destination in Bihar but the same was returned to the complainant respondent and thus,there was no deficiency in service on the part of the appellants and it was prayed that the complaint be dismissed.


The District Forum after hearing both the parties,through the impugned order had found deficiency in service on the part of the appellants in the manner that the letter which was sent through the courier services of the appellants on 3.3.08 was not delivered at its destination but,on the contrary the same was returned to the complainant respondent on 18.3.08 and for the deficiency,the amount of compensation as stated above was ordered to be paid by the appellants to the complainant respondent.


Aggrieved from that order,this appeal has been filed by the appellants.


In this appeal,the main contention of the learned counsel for the appellants is that the compensation awarded by the District Forum was on higher side as the appellants were not aware what was kept in the envelope and further the said envelope was returned in time,hence there was no deficiency in service on the part of the appellants,appeal be allowed.

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On the other hand,the learned counsel for the complainant respondent has supported the impugned order.


We have heard the learned counsel for the parties and perused the record.


In our considered opinion,the findings recorded by the District Forum are liable to be confirmed one as once the appellants had taken the envelope to be delivered in Bihar on 3.3.08 and when the same was returned undelivered on 18.3.08,therefore,deficiency in service on the part of the appellants is well established and on merits appeal deserves to be dismissed.


On point of compensation.


The appellants while filing this appeal had deposited a sum of Rs.14,500/- before the District Forum.


In our considered opinion,the amount as awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case,ends of justice would be met if the amount of Rs.14,500/- deposited by the appellants before the District Forum is paid to the complainant respondent instead of the amount as awarded by the District Forum alongwith cost of Rs.3000/- and to that extent,on point of compensation,this appeal deserves to be allowed partly.


Accordingly,this appeal filed by the appellants on merits is dismissed. However, on point of compensation,this appeal is partly allowed in the manner that now the complainant respondent would be entitled to get Rs.14,500/- + Rs.3000/-,as amount of cost of litigation

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instead of the amount as awarded by the District Forum and to that extent,on point of compensation,the impugned order dated 21.10.08 passed by the District Forum,Chittoragh stands modified. The complainant respondent is free to withdraw the above amount of Rs.14,500/- from the office of the District Forum,Chittorgarh alongwith interest that had accrued on that amount. The appellants would pay Rs.3000/- as amount of cost to the complainant respondent within two months from today.




Member President