Vinod Bhatsoori,

House # 181/4,

Venkatapura, 6th Cross,

Koramangala, I Block,

Bangalore.



…. Complainant

V/s



01. Franch Express Net Work Pvt. Ltd.,

2/4, Vishnu Priya Complex, Gupthalli

Main Road, Muneswhara Block,

Palace Gupthahalli, Bangalore-3



02. Trikannad Poornima Travels,

1401, 9th Block, 28th Main,

South End ‘A’ Road, Jayanagar East,

Bangalore – 560 069.

…. Opposite Parties



-: ORDER:-



On 02/02/2009 the complainant had given a parcel to FRANCH EXPRESS NET WORK PVT LTD to courier it to the address specified on the parcel which contained mobile phone and the same was clearly mentioned while handing over the parcel to the agent. They weighed parcel and charged Rs.90/- and gave acknowledgment, but the parcel never reached the destination even after two days as specified by them. On 05/02/2009 the complainant checked the FRANCH EXPRESS NETWORK PVT LTD website to trace the status of the parcel and found that there was no entry in the website.


On the same day he called the agent of FRANCH EXPRESS NETWORK PVT LTD., to whom he had given the parcel and the agent informed that they have no idea why the parcel did not reach the destination. The complainant also took the details of the person who is the head in-charge of this courier service for this branch which was given as A.Basavaraju, Bangalore, 414, J.P.Nagar. On 06/02/2009 Basavaraju informed that the parcel never reached the Local office itself. On 07/02/2009 the agent of FRANCH EXPRESS NETWORK PVT LTD told him to forget about the parcel. Hence, the complaint.



3. The complaint is filed against the following Opposite Parties:-

01. Franch Express Net Work Pvt. Ltd.,

2/4, Vishnu Priya Complex, Gupthalli

Main Road, Muneswhara Block,

Palace Gupthahalli, Bangalore-3



02. Trikannad Poornima Travels,

1401, 9th Block, 28th Main,

South End ‘A’ Road, Jayanagar East,

Bangalore – 560 069.



In the complaint it is not specifically mentioned whether the parcel was entrusted to Opposite Party No.1, Gupthalli Branch of FRANCH EXPRESS NETWORK PVT LTD and whether Opposite Party No.2 is the agent of Opposite Party No.1. It is also cannot be believed that Opposite Party No.2 having its business place at Jayanagar East can be the agent of Gupthahalli branch of FRANCH EXPRESS NETWORK PVT LTD.



In the consignment receipt, the address of the Branch Code is mentioned as K.Basavaraju, BLR-144, J.P.Nagar. This only indicates that the complainant had booked the consignment with the J.P.Nagar branch of FRANCH EXPRESS NETWORK PVT LT. But J.P.Nagar branch of the said concern is not impleaded as a party. The notice sent to Opposite Party No.1 – Gupthalli branch of FRANCH EXPRESS NETWORK PVT LTD returned with endorsement “as addressee left”. When the complainant was asked to take steps for service of notice on Opposite Party No.1, he took out notice to Basavanagudi branch of FRANCH EXPRESS NETWORK PVT LTD which has nothing to do with the transaction. The complainant was again asked to take proper steps for service of notice to Opposite Party No.1, but he failed to do so.


Therefore, on 31/08/2009 the complaint against Opposite Party No.1 has been dismissed for non-prosecution. Though Opposite Party No.2 has remained absent, in the absence of specific averments in the complaint that the parcel was entrusted to Opposite Party No.2 even it is not possible to grant the relief prayed for in the complaint against Opposite Party No.2. It appears that the complainant has not impleaded the proper parties namely the branch at which had had booked the parcel for transportation. In these circumstances, the relief prayed for by the complainant, cannot be granted.

Vinod Bhatsoori,

House # 181/4,

Venkatapura, 6th Cross,

Koramangala, I Block,

Bangalore.



…. Complainant

V/s



01. Franch Express Net Work Pvt. Ltd.,

2/4, Vishnu Priya Complex, Gupthalli

Main Road, Muneswhara Block,

Palace Gupthahalli, Bangalore-3



02. Trikannad Poornima Travels,

1401, 9th Block, 28th Main,

South End ‘A’ Road, Jayanagar East,

Bangalore – 560 069.

…. Opposite Parties



-: ORDER:-



On 02/02/2009 the complainant had given a parcel to FRANCH EXPRESS NET WORK PVT LTD to courier it to the address specified on the parcel which contained mobile phone and the same was clearly mentioned while handing over the parcel to the agent. They weighed parcel and charged Rs.90/- and gave acknowledgment, but the parcel never reached the destination even after two days as specified by them. On 05/02/2009 the complainant checked the FRANCH EXPRESS NETWORK PVT LTD website to trace the status of the parcel and found that there was no entry in the website.


On the same day he called the agent of FRANCH EXPRESS NETWORK PVT LTD., to whom he had given the parcel and the agent informed that they have no idea why the parcel did not reach the destination. The complainant also took the details of the person who is the head in-charge of this courier service for this branch which was given as A.Basavaraju, Bangalore, 414, J.P.Nagar. On 06/02/2009 Basavaraju informed that the parcel never reached the Local office itself. On 07/02/2009 the agent of FRANCH EXPRESS NETWORK PVT LTD told him to forget about the parcel. Hence, the complaint.



3. The complaint is filed against the following Opposite Parties:-

01. Franch Express Net Work Pvt. Ltd.,

2/4, Vishnu Priya Complex, Gupthalli

Main Road, Muneswhara Block,

Palace Gupthahalli, Bangalore-3



02. Trikannad Poornima Travels,

1401, 9th Block, 28th Main,

South End ‘A’ Road, Jayanagar East,

Bangalore – 560 069.



In the complaint it is not specifically mentioned whether the parcel was entrusted to Opposite Party No.1, Gupthalli Branch of FRANCH EXPRESS NETWORK PVT LTD and whether Opposite Party No.2 is the agent of Opposite Party No.1. It is also cannot be believed that Opposite Party No.2 having its business place at Jayanagar East can be the agent of Gupthahalli branch of FRANCH EXPRESS NETWORK PVT LTD. In the consignment receipt, the address of the Branch Code is mentioned as K.Basavaraju, BLR-144, J.P.Nagar.


This only indicates that the complainant had booked the consignment with the J.P.Nagar branch of FRANCH EXPRESS NETWORK PVT LT. But J.P.Nagar branch of the said concern is not impleaded as a party. The notice sent to Opposite Party No.1 – Gupthalli branch of FRANCH EXPRESS NETWORK PVT LTD returned with endorsement “as addressee left”. When the complainant was asked to take steps for service of notice on Opposite Party No.1, he took out notice to Basavanagudi branch of FRANCH EXPRESS NETWORK PVT LTD which has nothing to do with the transaction.


The complainant was again asked to take proper steps for service of notice to Opposite Party No.1, but he failed to do so. Therefore, on 31/08/2009 the complaint against Opposite Party No.1 has been dismissed for non-prosecution. Though Opposite Party No.2 has remained absent, in the absence of specific averments in the complaint that the parcel was entrusted to Opposite Party No.2 even it is not possible to grant the relief prayed for in the complaint against Opposite Party No.2. It appears that the complainant has not impleaded the proper parties namely the branch at which had had booked the parcel for transportation.