BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.423 of 2018

Date of Instt. 09.10.2018

Date of Decision: 22.01.2019

Sanjay Sharma S/o Sh. Parkash Chand Sharma R/o H. No.374, Vill. Jajau, P. O. Fatehpur Sikri, Agra-283110 (U.P.).

..........Complainant

Versus

1. The Authorized Signatory DTDC Express Ltd., Shop No.25, Malri Road, Near Gagan Park, Nakodar.

2. The Authorized Signatory, DTDC Express Ltd., Basra Complex, Pathankot Bye-Pass, Jalandhar.

3. The Authorized Signatory, DTDC Express Ltd., Regd. Office No.3, Victoria Road, Begaluru-560047.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Smt. Jyotsna (Member)

Present: Sh. Shekhar Prabhakar, Adv Counsel for the Complainant.

OPs No.1 to 3 exparte.

Order

Karnail Singh (President)

1. This complaint has been filed by the complainant, wherein alleged that he had booked his consignment bearing No.V47522128 through OP No.1 on 21.07.2018. Through this consignment, the complainant had sent a phone of Gionee A1 worth Rs.13,000/-. The said consignment was to be delivered to Sh. Hari Gopal Sharma, B-7/16, India Colony, Near Wellspon (P) Ltd., BarsaMadi, Anjar, Kutch, Gujrat. The consignment was to be dispatched through OP No.2 and OP No.3 is registered office of DTDC Express Ltd., in India. The OPs had charged Rs.350/- as shipping charges in lieu of the said consignment from the complainant. OPs had assured the complainant that his consignment would be delivered within a week. More than three months has since been expired, but the OPs have miserably failed to deliver the said consignment of the complainant to the desired destination.

2. That the complainant visited the office of OP No.1 and enquired about the status of his consignment, but the OPs dilly dallied the matter on one pretext or the other. After being fed up with the attitude of the OPs, the complainant through his counsel served a legal notice dated 30.09.2018 by registered post, but all in vain. The act and conduct of the OPs is tantamount a deficiency in service 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 pay the cost of the mobile i.e. Rs.13,000/- along with cost of the consignment of Rs.350/- and compensation of Rs.50,000/- and litigation expenses of Rs.10,000/-.

3. Notice of the complaint was given to the OPs, but despite service OPs did not come present and ultimately, OPs were proceeded against exparte.

4. In order to establish the claim, the complainant has brought on the file some documents, at the time of filing of complaint, which are Ex.C-1 to Ex.C-8.

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

6. Admittedly, the complainant has established on the file that he had handed over one parcel containing mobile phone worth Rs.13,000/- for sending to Sh. Hari Gopal Sharma in Gujrat. After paying the charges of the consignment of Rs.350/- and against that delivery of the consignment and payment of the charges of Rs.350/-, the OPs issued a receipt Ex.C-1, wherein the value of the goods and description of the goods is also mentioned mobile phone. The desired destination is also mentioned and even the charges of Rs.350/- is also described in the said receipt. Further, in order to prove the value of the mobile phone, the complainant placed on the file Invoice of the mobile set Ex.C-2 and legal notice Ex.C-3.

7. So, from the pleading as well as documents, it has been established that the complainant submitted a consignment for delivery of the same to his relative/near and dear, but the said consignment as per version of the complainant has not been reached to the desired destination, these claims and allegation of the complainant have not been controverted by the OPs, despite receiving a summon of this complaint and as such, it is proved on the file that the OPs are not interested to contest the complaint rather indirectly they admit the allegations of the complainant. So with these observations, we are of the considered opinion that the un-rebutted version of the complainant cannot be discarded without any solid reason and rhyme, therefore, we reached to conclusion that the complainant is entitled for the relief claimed and accordingly, the complaint of the complainant is exparte partly accepted and OPs, who are jointly and severally liable, are directed to pay the cost of mobile phone of Rs.13,000/- along with the charges of the consignment of Rs.350/- and compensation for causing harassment to the complainant, to the tune of Rs.15,000/- 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.

8. 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

22.01.2019 Member President