Master Choice, 1, Master Building, Sunder Nagar, Ludhiana through Prop. Karun Madan.

2. Karun Madan Prop. Master Choice, 1, Master Building, Sunder Nagar, Ludhiana.

….Complainant.

Versus

1.M/s.Madhur Courier Services, 556, Anand Market near Canara Bank, Miller Ganj, Gill Road, Ludhiana through authorized signatory.

2.M/s.Madhur Courier Services, 226 Shalimar Trade Centre, Hamidia Road, Bhopal (MP) through authorized signatory.

….Opposite parties

O R D E R: In this complaint under section 12 Consumer Protection Act, 1986 alleging deficient in service on the part of OP on account of consignment of parcel as claimed compensation of Rs.2500/-, refund of courier charges being Rs.1335/- and cost of the consignment Rs.9906/- with 18% interest. As per case of the complainant on 15.11.2007 sold school dresses/uniforms vide bill No.137 dated 15.11.2007 for Rs.9906/- to Sindh Readymade Centre, main road, Bada Bazar, Bhandara, Maharastra.

The goods were sent to courier company of Opposite party No.1- M/s.Madhur Courier Services, 556, Anand Market near Canara Bank, Miller Ganj, Gill Road, Ludhiana vide receipt no.87994832 dated 15.11.2007 and paid courier charges Rs.1335/-, but was in dismay on receipt of letter dated 30.01.2008 from consignee regarding non receipt of parcel and also sought damages of Rs.2500/- from him. Thereafter, approached opposite parties inquire reason for non-delivery of consignment, but they postponed the matter on false pretext. Till now Opposite party has neither delivered the consignee nor returned to the complainant, which amounts to deficiency in service on their part. Hence the complaint.

2. OP did not contest complaint and are proceeded against exparte.

3. By exparte evidence, complainant tendered courier receipt Ex.C1 dated 15.11.2007 as proof taking assignment in favour of consignor by paying courier charges of Rs.1335/-. The consignment was of uniform purchased by consignor vide bill Ex.C2 dated 15.11.2007 for Rs.9906/- from the complainant. Complainant then received communication Ex.C3 from consignee intimating non-receipt of parcel and also sought damages of Rs.2500/- from him. Then complainant served legal notice Ex.C4 on OP. complainant has also filed in support of his allegations affidavit Ex.CA1.

In these circumstances, it is proved from exparte evidence that consignment of uniform of Rs.9906/- was booked by the complainant with OP who failed to delivery the same to the consignee such act amounts to deficiency in service. Hence, we allow this complaint and as a result direct the OP to pay Rs.9906/- cost of consignment and also to refund Rs.1336/-directing to pay litigation costs of Rs.2000/- within 45 days of receipt of copy of order.