Dt. 07-07-2009
This is to dispose of the Complaint petition filed by the complainant against the opposite party claiming for compensation amount of Rs. 1, 00, 000/- (Rupees one lakh).
The brief fact of the case is that the complainant is the grantee of Rupees one lakh (Rs. 1,00,000) of the project “Collection of Documentation of folk Oral songs from Meitei and its Constituent Ethnic Communities of Manipur State” from the Ministry of Culture, Department of Culture, Govt. of India Under F. No. 11-27/2005/BTI. He received first instalment of Rupees fifty thousand (Rs. 50,000) of it on 8-11-2005. The second instalment will be issued after furnishing the utilization Certificate Audited Statement of Accounts and final report of the project.
Accordingly the complainant has conveyed all the necessary documents with a letter dt. 17th March, 2007 to the Section Officer of the Department through the opposite party on 25-03-2007 and instead the opposite party issued a shipper’s copy being No. 60042051355. But the concerned authority of the said Department failed to issue the second instalment of the said project till yet inspite of his furnishing necessary document through Opposite party in time.
On making enquiry by the complainant in the matter, it was found that the said necessary documents were not delivered to the addressee. Instead of giving to the addressee, the opposite party alleged to have droped the articles in question to a Mail box of the said office on 28.3.2007.
Further allegations of the complainant is that he buys/avails the service of the Opposite party to deliver the articles to the addressee on payment of charge for the same.
It is also the allegations of the complainant that as a result of deficiency in service on the part of the opposite party is not delivering the articles direct to the addressee for which he paid the charge for the same, as such the complainant has suffered loss, mental agony and harassment which in terms of money amount to one lakh as detailed below:
(a) Rs. 50,000/- for the loss of undelivered articles by the opposite party.
(b) Rs. 45,000/- for mental agony and harassment.
(c) Rs. 5,000/- for cost of litigation.
On the other hand, opposite party denies almost all the allegations of the complainant however with such denial the Opposite party submits that the complaint filed by the complainant is totally misconceived, mis-directed, mischievous and malafide one. It is also the case of opposite party that the complainant has filed the present complaint case before this Hon’ble Forum against the settled principles of law and with oblique motive to besmirish the reputation and good- will of the opposite party and to armtwist the opposite party to pay alleged damages claimed by the complainant. It is also the case of the opposite party that the complaint filed by the complainant is not maintainable and the same is liable to be dismissed with exemplary cost.
It is also the case of the opposite party that entering to the office namely Ministry of Culture, Department of Culture, Govt. of India, NAI, Annex Building Janpath, New Delhi of the addressee was forbidden and as such the agent of the opposite party requested the personnel of the addressee to received the main but was denied ingress to the said Office, later on it was told that any material/
Contd…2/-
courier mail/parcel/articles be dropped at the Mail B for convenience of service, the opposite party’s men tried to obtain the receipt the acknowledgement by any staff of the said addressee but was refused to do so and it is the duty of the sender to give full particulars of the addressee which should be accessible to the Opposite Party’s men.
It is also the case of the opposite party that he has not committed any unfair trade practice which may amount to deficiency in service and further denied the complainant has not received the second instalment of Rs. 50,000/-(Rupees fifty thousand) and put the complaint in strict proof for the same.
Further allegations of the opposite party is that the courier service of Blue Dart Express Ltd. has its own rules and regulations which was accepted by the complainant at the time of despatch and that as per terms and conditions of the courier service of Blue Dart Express Ltd, it can entertain any complaint within (30) days from the receipt of the article and that all the Redressals are also directed to file within Mumbai Jurisdiction only.
Heard Shri Ch. Nabachandra Singh, Secy. Consumer Club Manipur on behalf of the complainant and counsel of the opposite party at length and perused the document on record in support of their respective cases.
It is admitted facts of the parties that the articles in question was dropped in the Mail Box of the Office of the Ministry of Culture, Govt. of India, NAI, Annex Building Janpath, New Delhi.
The crux of the case to be decided is whether the articles was delivered to the addressee or whether the dropping of the articles to the Mail Box of the said Office stated above amounts to delivery of the same to the addressee or not?
In this case the submission of the complainant is that the dropping of the article in the Mail Box of the Office of the addressee does not absolve the responsibility of the opposite party as the said article was not delivered direct to the addressee, consequently the said article was defective/dificient and as such the opposite party is liable to compensate for which deficiency/defective in the service.
In reply the counsel of the opposite party submits that the opposite party committed no wrong in dropping the articles in the Mail Box as the addressee was forbidden to have entered the Office of Ministry of Culture, Govt. of India, NAI, Annex Building Janpath, New Delhi.
From consideration of the arguments of both the parties an irresistible and common question is that if the said article cannot delivered to the addressee due to circumstances submitted by the opposite party then what is the harm on the part of the Opposite party to return the said articles to the sender instead of dropping the same in the Mail Box and leaving the fate of the said articles in uncertainty.
In our considered view the submission of the complainant that the service of the opposite party was deficient in handling the articles for which he was paid is reasonable and on the other hand the submission of the opposite party is devoid of substance.
Regarding the prayer for compensation of Rs. 50,000/- (Rupees fifty thousand) for the loss of undelivered articles by the Opp. Party, the complainant failed to establish satisfactorily that he was deprived of Second instalment due to the insufficient service on the part of the opposite party.
Contd……3/-
As regards question of jurisdiction and limitation submitted by the opposite party, the present case is filed under the provision of Sec. 12 of the Consumer Protection Act, 1986. In this Act the question of jurisdictions as well as of limitation is amply provided under Sec. 11 and Sec. 24-A respectively. Under such provisions the jurisdiction of this Forum can amply take cognizance of the matter without any others rules and regulations of any kind of unrecognised forums and associations. This Act is a Central Act applicable in all parts of the country having overriding provisions against any other local or private rule and regulations. As such the submission of the opposite party regarding the question of jurisdiction and limitation has no force at all.
From the above observations, we hold that the complainant has a good case against the opposite party for causing deficiency of courier service in relation to the consumer on hires his service. Therefore we direct as follows:
i) The opposite party shall pay Rs. 11,000/- (Rupees eleven thousand) only as
compensation to the complainant for deficiency of service and mental agony and
ii) A litigation cost of Rs. 4,000/-( Rupees four thousand) only to be paid to the complainant
in total Rs. 15,000/-(Rupees fifteen thousand) only.
The said whole compensation amount of 15,000/-is to be pay within four weeks from the date of this order. Inform the parties for compliance in time.
The complaint is allowed to this extent.
