BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.307 of 2018

Date of Instt. 30.07.2018

Date of Decision: 11.02.2019

Rajinder Thakur son of Manraj Singh Thakur resident of Ward No.43, House No.102, New Harbans Nagar, Jalandhar.

..........Complainant

Versus

1. DTDC Express Ltd. registered office at No.3, Victoria Road, Bengaluru-560047 through its partner/Prop./Authorized Person.

2. DTDC Express Ltd. WH-44, Mohalla Baghbarian, Kapurthala Road, Near Harmeet Transport, Jalandhar through Rajdeep Singh M/s Krishana Enterprises.

3. Rajdeep Singh Manager, DTDC Express Ltd, WH-44, Mohalla Baghbarian, Kapurthala Road, Near Harmeet Transport, Jalandhar

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Smt. Jyotsna (Member)

Present: Sh. Gaurav Kaushal, Adv Counsel for the Complainant.

OPs No.1 to 3 exparte.

Order

Karnail Singh (President)

1. The instant complaint has been filed by the complainant, wherein alleged that he has booked a parcel through the OP No.2 containing clothes on 14.11.2017 for sending to Jabeen Asgar Mukadam, at Post Goregaon, Tehsil Mangaon, Distt. Raigadh, vide bill No.D40357239 dated 14.11.2017. At the time of booking of the same, the OP No.2 assured the complainant that the parcel/courier will be delivered within the time at Raigadh. The value of the goods was Rs.48,980/-. The payment of the said courier was made to the OPs No.2 and 3 of Rs.2000/-. Despite receiving the payment of the courier which contains clothes of Rs.48,980/- was not received by the party/customer in Raigadh as agreed by the OPs at the time of booking of the said courier. The enquiry was made from the OPs regarding the non receipt of the courier. The complainant then contacted the office of the OPs to enquire about the status of the courier, but the OPs were informed that the courier is inadvertently misplaced.

2. That the courier containing clothes worth Rs.48,980/- was sent through DTDC Courier on 14.11.2017, but till date, the same was not delivered. The complainant again contacted at the office of courier as well as in the office at Jalandhar, but no satisfactory reply has been given by the OPs. Finally, they have informed the complainant that the courier, which was sent is lost during transaction and they are not in a position to disclose about the whereabouts of the courier and the goods contained in. The documents which were sent along with the courier were also lost. The courier which is lost due to the negligence of the OPs. The complainant suffered huge loss. The value of the clothes is Rs.48,980/-. Moreover, the buyer/customer of the complainant have flatly refused to do the business with the complainant in future. The complainant also suffered this loss due to non delivery of the courier in question. The complainant has hired the services of the OPs and the OPs are under obligation to deliver the courier/parcel in question of their customer within the time. Due to the loss of the courier in question, the complainant suffered huge loss which cannot be measured in terms of money. Moreover, the buyer/customer of the complainant have flatly refused to do the business with the complainant in future. The complainant suffered a loss of Rs.48,980/- due to the loss of the courier and Rs.2000/- the amount paid for sending the courier through the OPs and also suffered the loss of business, mental tension, harassment and other expenses due to the negligence of the OPs, then the complainant sent a legal notice, but all in vain and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the value of the consignment i.e. Rs.48,980/- and courier charges of Rs.2000/- with interest @ 18% per annum and further OPs be directed to pay compensation of Rs.2,00,000/- for causing mental tension and harassment to the complainant and OPs be also directed to pay litigation expenses and cost of proceedings.

3. Notice of the complaint was given to the OPs and accordingly, the OP No.1 duly served, but despite service OP No.1 failed to appear and ultimately, OP No.1 was proceeded against exparte, whereas OPs No.2 and 3 appeared through its Proprietor Rajdeep Singh and thereafter, OPs No.2 and 3 represented by Sh. APS Pathania, Adv, who filed Power of Attorney, but while the case was fixed for filing written reply, subject to cost, but the OPs No.2 and 3 failed to appear for making payment of the cost as well as filing written reply and ultimately, OPs No.2 and 3 were also proceeded against exparte.

4. In order to prove the case of the complainant, the counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.CA along with some documents Ex.C-1 to Ex.C-4 and closed the evidence.

5. We have heard the learned counsel for the complainant and also gone through the case file very minutely.

6. Precisely, the complainant alleged that he has booked a parcel containing clothes of the value of Rs.48,980/-, on 14.11.2017 for sending to Jabeen Asgar Mukadam from Jalandhar and courier fee of Rs.2000/- was also paid to OPs No.2 and 3. Despite charging the fee, the said consignment was not reached at its destination till today rather the OPs informed the complainant that the same has been lost during transit and as such the complainant alleged that he is entitled for the value of the goods of consignment as well as courier charges, compensation and litigation expenses.

7. First of all, we analyzed the courier receipt Ex.C-2, on the reverse side of that courier receipt, it is agreed that the complainant has to declare the value of the goods of the consignment, so sent through courier, but in this receipt Ex.C-2, the column of “Value of Goods” is blank. It is the duty of the complainant when he obtained the receipt from the OP after booking the consignment, then he must take a care that all the columns are filled by the OP or not, we find it is the duty of the complainant to check and be aware whether there is any mistake on the part of the OPs just to defraud the complainant, but the complainant himself did not take care and if the value of the consignment/goods is not mentioned in the courier receipt, then where from we can ascertain the value of the consignment, simply placing on the file the invoice of some clothes is not sufficient because it is to establish that all the clothes for which the receipts placed on the file, were actually sent through that courier or not, regarding that there is no evidence on the file rather in the said courier receipt, the total number of parcels is mentioned 'One' and further it is the duty of the complainant to prove on the file the goods having value of Rs.48,980/- can be packed in one parcel. So, from all angles, it is not established that the complainant has sent any parcel having the value of Rs.48,980/-, but one thing is established that the complainant has sent one parcel, but its value is not declared on the receipt of the courier. So, under this situation, the terms and conditions as elaborated on the reverse side of the said courier receipt Ex.C-2 i.e. Instruction No.15, the liability of the OPs, which we like to reproduce as under:-

“In the event of damage or loss or mis-delivery of a shipment, the maximum liability assumed by DTDC on a shipment is limited to Rs.100 unless the sender declares a higher value as “Declared Value for Carriage” and also pays the applicable Risk Surcharge thereof as “Carriers Risk” at the time of tendering the shipment.” In view of the above term and condition agreed between the parties, we find that the complainant is entitled for the amount as mentioned in the aforesaid Clause-15 of the terms and conditions.

8. In view of the above detailed discussion, the complaint of the complainant is partly accepted and OPs are directed to pay a sum of Rs.100/- to the complainant as per terms and conditions and further OPs are directed to reimburse the charges of courier fee i.e. Rs.2000/- with interest @ 12% per annum from the date of sending the courier i.e. 14.11.2017, till realization and further OPs are directed to pay compensation to the complainant, to the tune of Rs.10,000/- and litigation expenses of Rs.5000/-. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated Jyotsna Karnail Singh

11.02.2019 Member President