DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA(PUNJAB)<br /> <br /> C.C.No.265 of 22.9.2008 Decided on : 2.12.2008 <br /> <br /> Rekha Sharma W/o Sh. Ganesh Dutt Sharma, R/o House no. 28795, Street No.1. Partap Nagar, Bathinda ..... Complainant<br /> Versus. <br /> <br /> Airmen Courier Services, Ist Floor, Roxy Hotel, Railway Road, Bathinda through its Proprietor/Partner/Manager.<br /> ...... Opposite party<br /> <br /> Complaint under section 12 of the Consumer Protection Act, 1986<br /> <br /> QUORUM:<br /> Sh.Dharam Singh, President<br /> Dr.Phulinder Preet, Member<br /> <br /> For the complainant : Jagmohan Sayal, Advocate<br /> For the opposite parties : Exparte <br /> <br /> O R D E R.<br /> <br /> DR. PHULINDER PREET, MEMBER:- <br /> 1. Instant one is a complaint under section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as the Act) which has been filed by the complainant seeking direction from this Forum to the opposite party to pay her compensation of Rs. 50,000/- and Rs. 3,300/- as costs of the complaint.<br /> 2. In brief, the case of the complainant is that she has no real brother but she is treating her cousin Ashok Kumar Kaushik as her real brother and both of them have great love and affection. Now after marriage, she is residing at Bathinda. To express her feelings and love for her brother, on 11.8.2008 she sent parcel of Rakhi to him at Hissar through opposite party vide receipt No. 29218343 dated 11.8.2008. Opposite party charged Rs.20/- and had assured that the parcel would be delivered at its destination within a day or two. To her utter dismay and surprise, parcel did not reach to her brother. She alongwith her husband enquired from the opposite party but the opposite party put off the matter saying that the parcel has already been sent and the same would be delivered to her brother prior to Rakhi Festival. Parcel has not been delivered till date nor the same has been returned to her. She kept on visiting the opposite party to enquire about the parcel but it has been putting off the matter on one pretext or the other. She even contacted with branch office of opposite party at Hissar on mobile phone No. 9354320940 given by opposite party to enquire about the parcel. She was told that no such parcel has been received by it at Hissar. Due to the act and conduct of the opposite party, she has suffered great mental tension, agony, botheration, harassment and humiliation besides suffering from shock to her sentiments and emotions. She has also been belittled in the eyes of her brother. In these circumstances, she alleges deficiency in service on the part of the opposite party.<br /> 3. Notice of the complaint was issued to the opposite party through the Peon of this Forum who has made report that opposite party has refused to accept the notice. Hence, opposite party has been proceeded against exparte.<br /> 4. In exparte evidence, complainant tendered her own affidavits (Ex.C.1), affidavit (Ex.C.2) of her brother Sh. Ashok Kaushik, affidavit (Ex.C.3) of her husband Sh. Ganesh Dutt Sharma and photocopy of courier receipt (Ex.C.4). <br /> 5. We have gone through the receipt and heard the learned counsel for the learned counsel for the complainant.<br /> 6. Complainant reiterates her version in the complaint in her affidavit (Ex.C.1). Complainant had booked parcel of Rakhi to be delivered to her brother Sh. Ashok Kumar Kaushik at Hissar and opposite party charged Rs.20/- for the same as is clear from the courier receipt Ex.C.4. At the time of booking, it was assured by the opposite party that the parcel would be delivered at destination within a day or two. The parcel did not reach destination upto the day of Rakhi Festival and even thereafter. Sh. Ganesh Dutt Sharma in his affidavit (Ex.C.3) has stated that he and her wife inquired about the parcel from the opposite party but the opposite parties put off the matter saying that the parcel has already been sent. Mobile phone No. 934320940 was given to inquire about the parcel from their branch office at Hissar. On making call on the said mobile number, it was told to her husband that no such parcel has been received by them. Sh. Ashok Kaushik in his affidavit dated 18.11.2008 Ex.C.2 has also stated that parcel of Rakhi was never delivered to him. Opposite party did not choose to contest this complaint and it has been proceeded against exparte. The evidence led by the complainant as discussed above has gone unchallenged and unrebutted. In these circumstances, non delivery of the parcel booked by the complainant to be delivered to her brother at Hissar amounts to deficiency in service on the part of the opposite party.<br /> 7. Due to the aforesaid act and conduct of the opposite party, complainant must have suffered mental tension, agony, botheration, harassment and humiliation besides hurting her emotions and sentiments for which she is entitled to some compensation. In the facts and circumstances of this case, we assess this compensation as Rs.1,000/-.<br /> 8. In the result, complaint is allowed exparte with costs of Rs.500/-. Opposite party is directed to do as under :-<br /> (i) Pay Rs.1,000/- to the complainant as compensation under section 14 (1)(d) of the Act.<br /> (ii) Compliance within one month from the date of receipt of copy of this order, failing which amount of compensation would carry interest @ 9% P.A till payment.<br /> 9. Copy of this order be sent to the parties free of cost. File be also consigned.<br /> <br /> Pronounced (Dr.Phulinder Preet)<br /> 2.12.2008 Member <br /> (Dharam Singh) <br /> President <br /> <br /> <br /> <br /> <br /> 'bsg'