Sri S.K.Sahoo,President.
This petition is filed by the complainant U/s. 12 of C.P.Act, 1986. On perusal of the complaint petition it appears that the cause of action of the case arose on 16.09.2021 which is U/s. 35 of C.P.Act, 2019.
2. The case of the complaint is that he is residing at Gandimarg,Angul and the opp.parties are carrying on their business of courier service throughout the country along with a branch office at Angul dt. 17.09.1963 is the birthday of the complainant. The family members and his relatives are observing the golden jubilee celebration through out this year with much enthusiasm. As a token of love, affection and respect of such celebration the elder sister-in-law of the married daughter of the complainant, namely Malathi had sent LADDU & PICKLE weighing 4 K.G on 16.09.2021 through the courier service of the opp.parties as special precious gift to the complainant. The said gift was received by the courier service of the opp.parties at Karmanghat Branch, Hyderapad for delivery in the address of the complainant at Angul. The said branch of the organisation of the opp.parties received an amount of Rs. 750.00 from Malathi and granted a money receipt in token of acceptance of the gift, as Consignment. When the said gift packet did not reach the complainant, inquiry was made by Malathi-sender and Amruta the daughter of the complainant. It was brought to the notice of the complainant that the mobile number shown in the website of the organisation has been changed, for which the complainant unable to contact the local office of the opp.parties at Angul. However, with much difficulties the complainant able to get the telephone number of one of the staff of the opp.parties at Angul namely Panda Babu .Thereafter the complainant time and again contacted Panda Babu through telephone but no result. On 29.09.2021 at 3.25pm and 5 Pm the complainant contacted one of the staff, Mr.Panda Babu through mobile phone to ascertain about the status of the packet but no reply. Again on the same day at 8.30pm the complainant contacted Mr.Panda Babu in mobile No. 8917274627 and came to know that the said parcel in his name has been damaged. However, when the complainant asked for delivery of the said damaged packet Mr.Panda asked him to collect the same from the office of the opp.parties situated at Angul. Finally Mr. Panda in a very rough tone threatened the complainant to throw the packet in the dustbin, if not collected by the complainant. Due to such conduct of Mr.Panda a staff of organisation of the opp.parties the complainant was mentally upset .Till filing of the case the complainant is not able to get his packet sent by Malathi .The cost of LADDU & PICKLE are Rs. 4,000.00.
3. Notice was issued to all the opp.parties through Regd. Post with A.D on 03.11.2021 .As the ADs are not back within one month of despatch of the notice to the opp.parties in correct address through Regd.Post with A.D , it is deemed to be sufficient U/s. 27 of General Clauses Act.
4. A show cause appears to have been signed by one Arnab Mukharjee dtd. 24.06.2022 has been received by this Commission. As the said show cause has been received after expiry of the statutory period and only at the time of hearing it needs no consideration.
5. The complaint petition filed by the complaint is supported with affidavit. On perusal of the complaint petition it is clear that on 16.09.2021 Malathi a close relative of the complainant had sent LADDU & PICKLE weighing 4 Kg as special gift to the complainant through the courier service of the opp.parties situated at Karmanghat Branch, Hyderapad .From the photocopy of the money receipt it appears that amount of Rs. 750.00 was received by the employee of the Karmanghat Branch, Hyderapad and a money receipt has been issued in favour of Malathi. On perusal of the photo copy of the tracking report it appears that the said consignment was despatched at Karmanghat Branch, Hyderapad on 17.09.2021 and reached Angul branch on 23.09.2021. Inspite of receipt of such packet by Angul branch it was not delivered to the complainant till filing of the case. There is no evidence also that it has been handed over to the complainant in the mean time. It is also clear from the complaint petition that the complainant, his daughter who is staying at United Kingdom and Malathi who is staying at Hyderabad time and again inquired about the consignment but there was no satisfactory response from the organisation of the opp.parties. Absolutely there is severe negligence and deficiency in service on the part of the opp.parties. Now days courier service is taking a important role in the field of different type of business. Deficiency in service by the courier service like the present one will cause serious effect on the business of different organisation.
6. The opp.parties have not contested the case nor led evidence. The complaint petition filed by the complainant is of verified one and supported with affidavit. There is no material before this Commission to disbelieve the allegations made by the complainant in the complaint petition.
7. The cost of the gift is Rs. 4,000.00 . The opp.parties have received an amount of Rs.750.00 to carry the said consignment to the complainant. The said consignment was on the occasions of Golden Jubilee Celebration of the birthday of the complainant and he suffered serious mental agony due to non-receipt of the consignment from his close relative Malathi .
8. Hence order :-
: O R D E R :
The case be and the same is allowed , exparte against the opp.parties. All the opp.parties are jointly and severally liable in this case. They are directed to pay an amount of Rs. 4,000.00 (Rupees Four Thousand) only ( towards cost of LADDU & PICKLE) ,Rs.750.00 (the payment received by the organisation of the opp.parties) and compensation of Rs. 40,000.00 (Rupees Forty Thousand ) only . The opp.parties are directed to pay all the aforesaid amount within one month of receipt of this order, failing which they have to pay interest @ 9% p.a on the total amount to be paid to the complainant from date of receipt of this order till payment is made.
