DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,PATIALA.<br /> <br /> Complaint No.87 of 1.3.2007<br /> Decided on: 6.2.2008<br /> <br /> <br /> Maheen Enterprises ,91/3,Jan Kalyan Street,Near Anardana Chowk,Patiala,through its partner Sh.Mandeep Rampal through its Special Power of Attorney holder and Manager Maketing Sh.K.S.Oberoi.<br /> <br /> <br /> -----------Complainant<br /> <br /> Versus<br /> <br /> <br /> 1. DTDC Courier and Cargo Limited, Registered office DTDC House<br /> No.3, Victoria Road, Banglore-47, through its Managing <br /> partner/Managing Director.<br /> 2. DTDC Courier and Cargo Limited,B-101,Naraina Industrial Area,<br /> Phase-1,New Delhi, through its General Manager(North).<br /> 3. DTDC Courier & Cargo Limited, Shop No.4,Parkash <br /> Market,Dharampura Bazar,Patiala, through its Manager/Franchise<br /> Sh.S.P.Singh and Smt.Manmohan Kaur.<br /> <br /> ----------Opposite parties.<br /> <br /> Complaint under Sections 11 to 14 of the<br /> Consumer Protection Act.<br /> <br /> QUORUM<br /> <br /> Sh.Inderjit Singh, President<br /> Smt.Paramjit Kaur,Member<br /> <br /> Present:<br /> For the complainant: Sh.M.P.Singh,adv.<br /> For opposite parties: Sh.Manjit Singh,adv.<br /> <br /> <br /> ORDER<br /> <br /> SH.INDERJIT SINGH,PRESIDENT<br /> <br /> Complainant has brought this consumer complaint through its special power of attorney Sh.K.S.Oberoi under Sections 11 to 14 of the Consumer Protection Act,1986 as amended up to date ( hereinafter referred to as the Act) against the opposite parties full detailed and described in the head note of the complaint.<br /> 2. As per averments made in the complaint the case of the complainant is like this;<br /> That the complainant after manufacturing of the required tools as ordered by the parties, send the same, after packing in properly stitched parcel, which is fixed with sticker of the complainant, showing description of the tools and detail information fully covered with cello tape and one big envelop is also fixed, pasted and covered in polythene showing the complete name and address of the person to whom goods/parcel is to be delivered. This big envelop having complete address to which parcel is to be delivered cannot be damaged during rains also. In the big envelop one copy of bill is also put inside the envelop which also has a address of addressee i.e. where parcel is to be delivered and bill was for the amount of Rs.48,558/-.This parcel was booked with the opposite parties through its officer at Patiala/opposite party No.3 i.e. opposite party No.3 vide receipt No.T 15832880 dated 30.9.2006 which was to be delivered to M/s Vulcan Electro Controls Limited ,F-628,Industrial Complex,Bhiwadi,with Phone No.01493-220788,222952.On the same day another parcel was also sent to some other party vide receipt No.T 15832879 dated 30.9.2006 to be delivered at Ludhiana.That parcel booked with the opposite parties, was to be delivered at Bhiwadi(Raj) was containing tool/item/good of worth of Rs.48,558/- and copy of bill was given with parcel and from seeing the address from the envelop pasted on parcel covered with polythene, the man of the opposite party at Patiala is to write down the address of the person to whom it is to be delivered and in the receipt, issued by the opposite party office at Patiala,name of the firm where parcel was to be delivered was not correctly recorded but the goods are to be delivered at address which is correctly pasted on parcel and parcel is to go in channel as per receipt number also written over the parcel. The complainant is a regular customer of the opposite parties. That the parcel was sent on 30.9.2006 for Bhiwadi(Raj) did not reach its destination and the purchaser of the goods informed the complainant and then complainant started enquiry from the office of the opposite party at Patiala and the office of the opposite party at Patiala advised the complainant to contact with Manager of the company at corporate office at Bangalore and also at Chandigarh,Delhi etc. and then his client’s representative contacted the office on telephone and lodged the complaint but with no effect. The complainant had also lodged the complaint at their official site. That the complainant then wrote reminder letter dated 7.10.2006 to Bangalore office with copy to Patiala office and then reminder dated 10.10.2006 was given to Patiala office with copy to Bangalore office and then third reminder was given on 15.10.2006 to Patiala office and copy of the same was sent to Bangalore office, but till today the opposite parties have not done any thing to solve out the dispute. That the complainant’s representative, who is filing this complaint also went to Delhi office and enquired about the parcel at his best and came to know that parcel was received at Delhi office and then it was dispatched to Rajasthan, to be delivered at Bhiwadi, and also came to know that the opposite parties have lodged a complaint on 11.10.2006 with police station, Air Port, New Delhi, regarding lost of the said parcel , which was disclosed by the office of the opposite parties at Delhi and the office of the opposite parties at Delhi also asked the representative of the complainant, who is manager marketing and now filing this complaint as attorney, to fill up claim form and which was filled up and given to the office of the opposite parties at Delhi with claim of Rs.1,50,000/-on 18.10.2006 with no effect. That the opposite parties are doing the services of delivering of parcels and letters by charging for their services and so the complainant is a consumer. That the goods of the complainant which were of the value of Rs.48558/- have been lost due to the negligence of the opposite parties, including their subordinate staff for which the opposite parties liable and moreover the complainant has suffered a mental tension and financial loss and those goods have to be manufactured again and the party to whom the goods were to be delivered by the opposite parties has already threatened many times not to deal with the complainant in future and till today the party to whom goods were to be delivered has not placed any fresh order for any other goods and that party also suffered due to negligence of the opposite parties and that party is also threatening to start dealing with some other party for placing orders in future and also disclosing about his incidence to others, and also threatening to file case for damages. That due to the non delivery of goods by the opposite parties the complainant has suffered mental harassment and reputation of the complainant has lowered in the eyes of its customers and even the opposite parties have not paid any penny towards the claim of the complainant filed through its manager marketing at Delhi office of the opposite parties. That the complainant has suffered a financial loss of amount of bill of goods and has suffered a mental tension and harassment and the complainant has also suffered a loss of its reputation and the complainant had also visited Delhi office of the opposite parties, for same purpose by sending amount and time but with no effect, so the complainant is entitled to the amount of the bill approximately Rs.50,000/-and Rs.10,00,000/- as damages along with interest @12% per annum from the date of complaint till final payment. Hence this complaint.<br /> 3. Notice of the complaint was given to the opposite parties who appeared and filed the written reply contesting the claim of the complainant. It is denied that the complainant after manufacturing of the required tools send the same after packing in properly stitched parcel, which is fixed with sticker of the complainant showing description of the tools and detail information fully covered with cello tape and one big envelop is also affixed pasted and covered in polythene showing the complete name and address of the person to whom goods/parcel is to be delivered .However, a parcel was booked by the complainant with the opposite parties in a sealed condition and all the terms and conditions were read over to the complainant which were duly accepted by the complainant. It is denied that the goods of the value of Rs.48558/- were contained in the alleged consignment. The consignment in a sealed/packed condition was handed to the opposite parties without disclosing the contents thereof to the opposite parties. However, the consignment is under search and the efforts are being continuously made to trace out/locate the consignment and whenever it will be located the same will be delivered to the consignee. It is denied that the complainant made any complaint to the opposite party. It is denied that the complainant sent any reminders .It is denied that no efforts were made by the opposite parties to trace out the consignment. It is denied that any complaint was lodged by the complainant with the opposite parties. It is denied that any claim of Rs.1,50,000/- is payable to the complainant. As per terms and conditions of the consignment, the liability of the opposite parties, if any, is only to the extent of Rs.100/-in case any lapse is proved on the part of the opposite parties. It is denied that the lost goods were of the value of Rs.48558/-.No declaration was made out by the complainant at the time of booking of consignment. It is denied that there is any negligence on the part of the opposite parties. It is denied that the complainant has suffered mental harassment and loss of reputation. It is denied that the complainant is entitled to the amount of the bill Rs.50,000/- along with Rs.1,00,000/- as damages with interest at the rate of 12% per annum.All other averments made in the complaint have also been denied. The pleas that there is no cause of action to file the complaint and that complaint is not maintainable have also been taken and have prayed that complaint be dismissed.<br /> 4. In order to prove his case the complainant tendered in evidence affidavit of K.S.Oberoi,Ex.CW1/A, special power of apptory,Ex.C1, copy of original receipt,Ex.C2, the original receipt,Ex.C3, envelop sample,Ex.C4, envelop sample,Ex.C5, copy of bill,Ex.C6, copies of reminders,Exs.C7 to C9, copy of claim form Ex.C10 and copy of letter received on 11.10.2006, by administration Air Port authority,Ex.C11.<br /> 5. In rebuttal the opposite parties tendered in evidence affidavit,Ex.R1 of G.S.Sodhi.<br /> 6. The parties filed written arguments. We have gone through the same and have also heard the learned counsel for the parties.<br /> 7. It is admitted by the opposite parties that the parcel was booked by the complainant with them in a sealed condition. It is also admitted that the consignment is under search and the efforts are being continuously made to trace out the consignment and when ever it will be located the same will be delivered to the consignee. The perusal of the receipt dated 30.9.2006,Ex.C2 shows that a parcel was booked through opposite party No.3 which was to be delivered to M/s Vulcan Electro Controls Ltd.,F-628,Industrial Complex,Bhiwadi.The receipt,Ex.C3, also shows that on the same day another parcel was sent to some other party to be delivered at Ludhiana.Thecopy of the bill,Ex.C6, which was given with the parcel shows that the goods booked wee worth Rs.48558/-.However, the goods did not reach its destination and the purchaser of the goods informed the complainant and then the complainant started enquiry from the office of opposite party No.3.The fact that the consignment was booked with the opposite party No.3 and its loss is admitted by the opposite parties. The consignment was booked with the opposite parties on 30.9.2006 and the present complaint was filed on 1.3.2007.Till the filing of the complaint the lost consignment was neither traced nor handed over to the consignee. It is the case of the complainant that on the parcel the sticker showing the particulars of the bills and other information is pasted and covered with the cello tape as shown in,Ex.C4 and envelop containing bill of the goods inside the parcel, envelop is attached with the parcel as shown in ex.C5, which contained the copy of bill inside and one copy of bill given to courier authority itself. Third and 4th copy of that bill of goods is retained by the owner of the goods to send the goods by parcel. It is also the case of the complainant that the first and 2nd copies of bill are in the custody of the opposite parties. So it is proved that the parcel which was send on 30.9.2006 and booked through, receipt, Ex.C2, did not reach its destination which according to the opposite parties was lost in transit. They have also admitted in their written reply that the consignment is under search and efforts are being continuously made to trace out /locate the consignment and when ever it will be located the same will be delivered to the consignee. So according to the own admission of the opposite parties there is a deficiency in service on their party.<br /> 8. In the result we allow the complaint partly and direct the opposite parties either to trace out and hand over the parcel sent by the complainant under receipt dated 30.9.2006,Ex.C2 to the consignee or pay the price of the goods to the complainant booked vide receipt,Ex.C2 as per the bill No.3831 dated 30.9.2006,Ex.C6 i.e. Rs.48558/- with another sum of Rs.10,000/- as compensation inclusive of costs for harassment, inconvenience and mental torture within a period of one month from the receipt of the copy of the order along with future interest @12% per annum till final payment. Copy of this order be sent to the parties as per rules.<br /> File be consigned to the record.<br /> Pronounced.<br /> Dated:6.2.2008.<br /> <br /> President<br /> <br /> <br /> Member<br /> <br /> <br />