DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA(PUNJAB)<br /> <br /> C.C.No.285 of 6.10.2008 Decided on : 2.12.2008 <br /> <br /> Dr. J.L Bansal, Navjeewan Homeo Clinic, Model Town, Phase-1, Bathinda.<br /> ..... Complainant<br /> Versus. <br /> <br /> Blazeflash Courier Limited, Shiva Lodge, Near Railway Station, The Mall, Bathinda through its Manager/Proprietor/Partner/Director.<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 : R.D Goyal, 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 preferred by the complainant seeking direction from this Forum to the opposite party to pay him compensation of Rs. 50,000/- and Rs. 5,000/- as costs of the complaint.<br /> 2. In brief, the case of the complainant is that he is running a Homeopathic Clinic In Model Town, Bathinda for the last about 5/6 years. On 30.8.2008, he had sent an envelop containing draft of Rs. 3,000/- to Smt. Kuldeep Kaur Brar, House No. 64-A, Near Sunder Nagar, Near Octroi Post, Ferozepur Road, Ludhiana through opposite party. He was assured that the envelop would be delivered next day. When he contacted the addressee regarding the receipt of envelop, he was told that it has not been delivered. After that he contacted opposite party through phone No. 5006513. He was told by it that he should contact at Ludhiana on mobile Nos. 99157-47833, 99155-32033 and telephone No. 4625832. He rang various times on these numbers, but no proper reply was given and the matter was lingered on by lame excuses. Complainant also sent a registered notice to the opposite party but it was refused to accept by the opposite party. Due to this act and conduct of the opposite party, he has suffered mental tension, agony and monetary loss. In these circumstances, he alleges deficiency in service and unfair trade practice 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. He has made report that it has refused to accept the notice. Even thereafter, notice was issued through registered post but opposite party refused to accept the registered letter. No one came present on its behalf. Hence, it has been proceeded against exparte. <br /> 4. In exparte evidence, complainant tendered his own affidavits (Ex.C.1 & Ex.C.2), courier receipt (Ex.C.3), copy of legal notice dated 19.9.2008 (Ex.C.4), postal receipt(Ex.C.5) and registered letter containing notice received back undelivered from the opposite party (Ex.C.6).<br /> 5. We have gone through the record. Apart from this, we have heard the learned counsel for the complainant.<br /> 6. Learned counsel for the complainant argued that consignment booked by the complainant vide courier receipt Ex.C.3 did not reach at destination timely and as such, there is deficiency in service on the part of the opposite party. In support of his arguments, he cited the authorities in the cases of K. Uma Kant & Ors. Vs First Flight Couriers-2008(1)CPC-92, Blaze Flash Couriers (P) Ltd. Vs. Rohit J. Poladiya & Anr.-2008(1)CPC-637 and Akash Udyog Vs On Dot Courier & Cargo Ltd. & Anr.-2008(1)CPC-437.<br /> 7. Complainant reiterates his version in the complaint in his affidavits Ex.C.1 & Ex.C.2. Complainant had booked an envelop containing draft of Rs. 3,000/- to be delivered to Smt. Kuldeep Kaur Brar, House No. 64-A, New Sunder Nagar, Near Octroi Post, Ferozepur Road, Ludhiana through opposite party on 30.8.2008 as is clear from courier receipt Ex.C.3. At the time of booking, it was assured by the opposite party that the envelop/document would be delivered to the addressee at destination on the next day. Complainant has stated in his affidavit that on enquiry, it was confirmed by the addressee that the envelope/document did not reach her. Complainant contacted the opposite party on telephone No. 5006513 to know the whereabouts of the consignment. Opposite party asked him to contact at Ludhiana on mobile/telephone numbers 99157-47833, 4625832 & 99155-32033. Complainant rang various times on these telephone numbers but opposite party did not give any proper reply and lingered on the matter by the lame excuses. Complainant sent legal notice dated 19.9.2008 Ex.C.4 through registered post to the opposite party but it refused to accept it. The registered notice was received back undelivered by the complainant with the report 'refused' as is evident Ex.C.6. Opposite party did not choose to contest this complaint. The evidence led by the complainant as discussed above has gone unchallenged and unrebutted. The non delivery of envelope booked by the complainant to the delivered to the addressee at Ludhiana amounts to deficiency in service on the part of the opposite party as has been held in the authorities cited by the learned counsel for the complainant.<br /> 8. Due to the aforesaid act and conduct of the opposite party, complainant must have suffered mental tension, agony and loss of physical health. During the course of arguments, learned counsel for the complainant stated before the Forum that the demand draft of Rs. 3,000/- has been got cancelled by the complainant and as such, he has not suffered any monetary loss. In the light of facts and circumstances of this case, interest of justice would meet if we allow a compensation of Rs.1,000/- to the complainant. Ordered accordingly. <br /> 9. In the result, complaint is partly allowed against the opposite party 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 /> 1. 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 /> <br /> <br /> (Dharam Singh) <br /> President <br /> <br /> 'bsg'