Chandigarh

DF-I

CC/303/2016

Ashutosh Vermani - Complainant(s)

Versus

General Post Office - Opp.Party(s)

In person

15 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/303/2016
Date of Institution	:	04/05/2016
Date of Decision	:	15/03/2018

 

Ashutosh Vermani s/o late Sh. R.P. Vermani r/o House No.1033, Sector 15, Chandigarh aged about 52 years.

…..Complainant

V E R S U S

1.     General Post Office, Sector-15, Chandigarh through its Post Master.

2.     Panjab University, Chandigarh through its Vice Chancellor.

3.     DHL Express India Private Limited, SCO 142-143, Sector 34-A, Chandigarh through its Manager.

……Opposite Parties

 

CORAM :	MRS.SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                       

ARGUED BY	:	Complainant in person
	:	Sh. G.C. Babbar, Counsel for OP-1
	:	None for OP-2
	:	None for OP-3

 

Per Surjeet Kaur, Presiding Member

1.         The facts of the consumer complaint, in brief, are that the complainant’s son, Ajitesh Vermani is studying in Canada since September 2015.  Before leaving for Canada as per requirements of the University of Windsor, the complainant deposited a fee of Rs.4,400/- for the delivery of transcript of degree certificates/mark sheets to OP-2 which were sent on 25.4.2015.  The complainant further paid a sum of Rs.1,124/- to OP-1 for premium service of delivery, but, the same were not delivered.  When the complainant approached the OPs, they kept on shifting the burden to one another. Since the matter was urgent, the complainant again deposited a sum of Rs.4,400/- and asked OP-2 to once again send the transcript of degree certificates/mark sheets, which were sent on 24.11.2015, but, the OPs again failed to deliver the same. Complainant again deposited a sum of Rs.4,400/- with OP-2 and OP-1 sent the transcript of certificates/mark sheets  on 12.1.2016. Ultimately, on the third occasion, the transcript of the degree certificate/mark sheets were received by the University in Canada. The complainant submitted representations, requesting OP-1 to refund the deposited amount, but, to no avail. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, the complainant has filed the instant complaint.
2.         OP-1 in its written reply has admitted that OP-2 got booked WNX article on 25.4.2015 and registered letter on 24.11.2015 and both the articles were delivered to the addressee in time without any delay etc. It has been averred that the complainant was not entitled to any refund as both the articles were duly served on the addressee.  Pleading that there is no deficiency in service or unfair trade practice on its part, OP-1 prayed for dismissal of the complaint.
3.         OP-2 in its separate written reply has not disputed the factual matrix. It has been averred the transcripts under sealed cover were sent to the Postal Department/OP-1 for further transmission to the concerned University abroad.  However, the transcripts were neither delivered by the Postal Department to the concerned University abroad nor did the University receive the same as undelivered.  It has been stated that OP-2 has already pursued the case with OP-1, but, there is no response. It has been denied that OP-2 is liable for the delay.
4.         OP-3 in its separate written reply has denied that any shipment was booked by the complainant with it or that any consideration was accepted by it.   It has been averred that the complainant has no privity of contract with it.  Pleading that there is no deficiency in service or unfair trade practice on its part, OP-3 prayed for dismissal of the complaint qua it.
5.         Separate replications were filed by the complainant denying all the averments in the written replies of OPs 1 to 3.
6.         The parties led evidence in support of their contentions. 
7.         We have gone through the record and heard the arguments addressed by the complainant in person and learned Counsel for OP-1.
8.         After going through the file, it is clear that there is no evidence that the documents in question were delivered to the son of the complainant within the reasonable time period on two occasions.
9.         As per the case of OP-2, when the transcripts were neither delivered by the postal department to the concerned university abroad nor did the university receive the same back as undelivered, it pursued the case with
   OP-1, but there was no response.
10.         In our opinion, OP-2 has provided appropriate services to the complainant by issuing transcripts to him after charging the requisite fee as and when they (transcripts) were asked by the complainant. Hence, no deficiency in service on the part of OP-2 is made out and the complaint qua it is dismissed with no order as to costs.
11.         As per Annexure C-8, it is clear that the transcripts were ultimately received by the University of Windsor on 18.1.2016. Hence, it was for OPs 1 & 3 to ensure the delivery of transcripts in question to the son of the complainant in time, but, they miserably failed to do so on two earlier occasions.  This negligence on the part of OPs 1 & 3 certainly forced the complainant to spend thrice for the same purpose and of course he (in India) and his son (in a foreign land) had to undergo stress and mental harassment.
12.         In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed qua OPs 1 & 3. OPs 1 & 3 are directed as under:-

1. To refund the amount of Rs.4,400 + Rs.4,400 + Rs.1,124 = Rs.9,924/- spent by the complainant for the purchase of transcripts twice and delivery charges.
2. To pay Rs.5,000/- to the complainant as compensation for mental agony and harassment caused to him;
3. To pay to the complainant Rs.5,000/- as costs of litigation.

13.         This order be complied with by OPs 1 & 3 within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
14.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
15/03/2018	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member