Orissa

Cuttak

CC/12/2021

M/s Dyna Enterprise, Proprietor Manoj Kumar Sahu - Complainant(s)

Versus

Proprietor,Flyking Courier - Opp.Party(s)

R K Pattanaik & associates

11 Jan 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.12/2021

 

M/s. DYNA Enterprise, represented through its

Proprietor Manoj Kumar Sahu,

S/O: Sanatan Sahu,

Resident of Plot No.1GH/9F/6,CDA,Sector-8,

Cuttack,Odisha-753014,Branch Office,

Plot No.574/2894,Shankarpur,Link Road,

Cuttack,Odisha-753012.                                                          ... Complainant.

 

                                                                Vrs.

1.  Flyking Courier,Represented through its Proprietor,

Room No.39,Ground Floor,Bhartia Tower,

Badambadi,Cuttack-753009.

2. Tatkal Courier Pvt. Ltd,, represented

Through its Branch Manager,1, Royd Street,

Kolkata-700016,West Bengal,

3.  Flyking Courier,Represented through its

Chairman cum Managing Director,

Head Office:204,Unique House,Cardinal Graciousroad,

                         Chakala,Andheri(E),Mumbai-400099,Maharastra.                                ...OPP Parties

 

 

Present:               Sri Debasish Nayak,President.

                                                Sri Sibananda Mohanty,Member.

 

               Date of filing:     21.01.2021

Date of Order:    11.01.2023

 

For the complainant:           Mr. R.K.Pattnaik,Adv. & Associates.

For the O.Ps.              :           None.

 

Sri Debasish Nayak,President              

The case of the complainant as made out from the complaint in short is that the complainant had sent parcel to one LZEN Electronics India consisting of three number of battery charger, 33 CFL UPS and 3 Eco UPS amounting to Rs.43,950/- on 14.9.2020 through the courier service of the O.Ps and had paid to them the consignment booking charges of Rs.1200/-.  The complainant could know on 25.9.20 that the said items as per the parcel were not delivered to the consignee for which he had enquired about the same from the O.Ps in writing but he could not get any satisfactory reply from them.  He had written to the O.Ps to return his goods to him or in the alternative, to refund the booking amount together with the cost of the consignment articles.  Though the O.Ps had received the said letter of the complainant, they remained silent for which the complainant had to file this case claiming the cost of the articles from the O.Ps to the tune of Rs.43,950/- alongwith interest thereon @ 12% per annum with effect from 14.9.20 till the total amount is quantified together with a sum of Rs.20,000/- towards his mental agony and harassment and further a sum of Rs.10,000/- towards his litigation expenses.

          The complainant in order to prove his case has filed copies of several documents together with his complaint petition.

2.       Out of the three O.Ps as arrayed in this case, as per the prayer of the complainant, O.P no.1 was deleted and the other two OPs having not contested this case were set exparte vide order dt.9.5.2022.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps and if they had practised any unfair trade?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.II.

Out of the three points, point no.ii  being the pertinent one is taken up  first for consideration here in this case.

            From the averments of the complaint petition together with the copies of documents as available in the case record, it is noticed that infact the complainant had sent a parcel through the O.Ps by paying them the consignment booking cost of Rs.1200/- on 14.4.2020 vide consignment no.307591612.  The said articles having not been delivered, the complainant had written to the Flyking Courier Services on 18.11.20 as per the copy of the letter attached to the case record.  Ultimately when the parcel was not delivered and the O.Ps remained silent, the complainant had to file this case before this Commission.  Thus, undoubtedly the O.Ps are found to be deficient in their service when they had undertaken to deliver the consigned articles and had received payment to that effect from the complainant of this case and have also practised unfair trade by not delivering it to the consignee nor by returning it back to the complainant assigning reasons thereof.  Accordingly, this issue is answered in favour of the complainant.

Points no.i & iii.

          From the above discussions, the case of the complainant is maintainable and the complainant is entitled to the reliefs as claimed by him.

                                                          ORDER

          Case is allowed exparte against the O.Ps no.2 & 3 who are found to be jointly and severally liable here in this case.  The said O.Ps  are directed to return the consignment articles to the complainant or in the alternative, to  return the value of the said consigned articles to the tune of  i.e Rs.43,950/- to the complainant alongwith interest thereon @ 12% pr annum with effect from 14.9.20 till the amount is quantified.  They are also directed to pay a sum of Rs.20,000/- to the complainant towards his mental agony and harassment alongwith a sum of rs.10,000/- towards cost of his litigation together with the booking amount of Rs.1200/- within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 11^th day of January,2023 under the seal and signature of this Commission.

                                                                                                                            Sri Debasish Nayak

                                                                                                                                       President

 

 

                                                                                                        Sri Sibananda Mohanty

                                                                                                                Member