IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 29th day of April, 2017.
Filed on 22.11.2014
Present
1. Smt. Elizabeth George, President
2. Sri. Antony Xavier, Member
3. Smt. Jasmine.D. (Member) in
C.C.No.311/2014
between
Complainant:- Opposite Parties:-
Dr. Sujai Mathai 1) The Manager
Proprietor, Blue Dart Express Ltd,
Karunya Dental Care Centre, 4th Floor, Elegance Tower,
Near Alahabad Bank NH 47 Nonhierarchal Commercial
Thiruvampady, Alappuzha 688 009. Centre, Plot No.8, Jasola District
(By Adv.JayanC.Das) Centre, New Delhi-110076.
2) The Manager,
Blue Dart Express Ltd.,
S&G Buildig, Ground Floor,
Kommady, Alappuzha-688007.
(By Adv. Vimal Balakrishnan
OP 1&2)
3) AnilKumar Tayal, B-48, B-Block,
Near Taxi Stand, CC Colony,
Delhi-110009.
O R D E R
SMT ELIZABETH GEORGE ( PRESIDENT)
The case of the complainant is as follows:-
Complainant is a doctor by profession and he is conducting a Dental Clinic at Alappuzha.The complainant gave order to supply Nilkin Amazing H Tempered Glass Screen Protector for Samsung galaxy Alpha G850F and a Parker Pen (Parker Vector Stainless Steel GT Ball Pen (Chrome) to the 3rd opposite party through 1st opposite party on 25-10-2014. The complainant had paid the amount through net transfer including the charge to send the above materials through the 1st opposite party to the 3rd opposite party.
Thereafter the 1st opposite party set the above said materials from Delhi on
27-10-2014 & 28-10-2014 and materials reached at Alleppey on 31-10-2014 at 10.55 AM. The complainant had received a phone call from the office of the 2nd opposite party on 31-10-2014 at 12 Noon and intimated about the arrival of the said materials and informed that, the materials will be delivered to the complainant at 3PM on 31-10-2014. Since the complainant had to attend an important function on 01-11-2014 at Mumbai he enquired about the delivery of the material with the 2nd opposite party since they failed to deliver the materials even after 3 PM on 31-10-2014.
At last an employee attached to the office of the 2nd opposite party came to complainant for delivery around 7.35 PM on the very same day. When the complainant enquired about the delay in delivery of the above said materials, provoked the above said staff of the 2nd opposite party attacked the complainant uttering obscene words. The staff of the opposite party went back without delivering the above said materials to the complainant.
Later on 03-11-2014 at 3 PM the above said materials were delivered to the complainant. But when the complainant opened the box of the materials it is notice that, both materials were damaged. Nilkin Amazing H Tempered Glass Screen Protector for Samsung Galaxy Alpha G850F had become totally useless and covers the parker pen (Parker Vector Stainless Steel GT Ball Pen (Chrome) got damaged, alleging deficiency in service on the part of opposite parties. The complaint is filed for directing the opposite parties to hand over brand new Nilkin Amazing H Tempered Glass Screen Protector For Samsung Galaxy Alpha G850F and a Parker Pen (Parker Vector Stainless Steel GT Ball Pen and also to pay an amount of Rs.1,00,000/- towards compensation to the complainant.
2. The version of the 1st and 2nd opposite parties is as follows:-
The opposite parties have entered into an agreement with eBay India Private Ltd for shipment of articles to the customers of eBay. As per the terms of the said agreement this opposite parties delivered two consignments to the complainant as requested by eBay. The materials to be delivered to the complainant were taken to the complainants place as requested by the complainant. When the delivery boy of this opposite party Mr. Syam Kumar reached the complainants place of work, ie Karunya Dental Care Center Near Thiruvampady Junction. The complainant in a rage of unwanted Fury started to misbehave with the said delivery boy and the complainant and one of his employee manhandled the said Syamkumar. They damaged his bike by pushing it down and the chain worn by Syamkumar was broken. All this was done by the complainant alleging that there was inordinate delay in delivering the items. In fact there was no inordinate delay or willful negligence on the part of these opposite parties.
3.The version of the 3rd opposite party is as follows:-
The complainant had ordered “Nilkin Amazing H Tempered Glass Screen Protector for Samsung Galaxy Alpha G850F” on 25th Oct 2014 on ebay.in with order reference number “Paisapay Id:37710854018”. The product was packed after thoroughly inspecting it and only after satisfying ourselves that it was not damaged or defective in any manner. The package was picked by ebay.in’s logistics partner Bluedart (Wazirpur, Delhi branch of 1st opposite party) on 27th Oct 2014 with Airway bill number being 69115202391.
On 3rd Nov at 11.25PM they received an email message from the complainant saying that he received the product in a damaged condition. Next morning, that is on 4th Nov at 20.25AM he replied to complainant to sent him some pictures showing the condition of the product and the package he received so that the opposite party could forward the ebay.in. The eBay had accepted his claim and the complainant could simply return the damaged product back to their warehouse and get his reimbursement. Later he receive a copy of an email that ebay.in had sent to the buyer where thay had written as they have not received any communication from the complainant. If the complainant wishes to claim a reimbursement and / or a compensation for all the troubles he went through, he should do that from ebay.in, 1st opposite party and 2nd opposite party. 3rd opposite party in no way responsible either for the damage caused to the product or the mental agony he faced at the hands of 2nd opposite party.
4. The complainant was examined as PW1. The documents produced were marked as Exts. A1 to A3. The products produced were marked as Ext.MO1 and MO2. No oral or documentary evidence adduced from the part of the opposite party.
5. The points for considerations are :
- Whether there is any deficiency in service on the part of the opposite parties?
- If so the reliefs and costs?
6. According to the complainant he gave order to supply Nilkin Amazing H Tempered Glass Screen Protector for Samsung Galaxy Alpha G850F and a Parker Pen to the 3rd opposite party through the 1st opposite party on 25-10-2014. In order to prove that complainant produced Ext.A1 Order Statement dated 25-10-2014. On verifying Ext.A1 it is seen that complainant has booked the Glass Screen Protector for Rs.999/- on 25-10-2014. According to the complainant even though the 2nd opposite party informed that the materials will be delivered him at 3 PM on 31-10-2014, the employee of the 2nd opposite party came to the complainant for delivery around 7.35 PM. He further stated that when he asked about the delay in the delivery of the materials that provoked the staff of the 2nd opposite party and he attacked the complainant and went back without delivering the materials. Complainant lodged a complaint against the said staff as Crime No.1363/2014 of Alappuzha South Police Station. Opposite party 1 and 2 filed version stating that, when the delivery boy of the opposite party reached the complainant’s place of work the complainant misbehaved with him and complainant and one of his employee manhandled him and he has filed a complaint against the complainant as 1362/2014 before the Alappuzha South Police Station.
The 3rd opposite party filed version stating that he was the seller of goods online through ebay.in. According to the 3rd opposite party even though ebay.in was willing to reimburse the value of the goods, since the complainant failed to ship back to the seller and provide the proof of Dispatch copies to the ebay.in as required by them they rejected the claim of the complainant. While cross examining the complainant he admitted that he could not return the products since criminal cases is pending.
7. It is an admitted fact the products ordered by the complainant with the 3rd opposite party is to be delivered by the 1st and 2nd opposite party. According to complainant the 1st and 2nd opposite party committed delay in delivering the items and also that the items delivered were damaged one. Complainant produced item before Forum and marked as MO1 & Mo2. It is pertinent to notice that 3rd opposite party admitted in the version that ebay.in to whom he sold the goods were ready to reimburse the value of products. Complainant also admitted that since the criminal cases pending he could not return the products.
8. In the light of the facts and evidence discussed above it has come out in evidence that there was a delay of three days in delivering the goods ordered. On verifying MO1 and MO2, we came to see that the MO1 got damaged and there was no damage occurred to MO2. There is no allegation in the complaint that the delay in delivering the goods caused any special damage to the complainant. It is admitted by the complainant that even before filing of this complaint the 3rd opposite party has offered reimburse the value of products. Further the complainant did not availed that opportunity for the reason that there was criminal complaints pending in between the complainant and opposite party 1 and 2. In these circumstances this Forum is of considered opinion that the complainant is entitled to get compensation for the delay caused in delivering the goods to the tune of Rs.500/- from the opposite party 1 &2. Since it has come out in evidence that the MO1 delivered is in damaged condition, the 3rd opposite party is directed to reimburse the value of goods to the tune of Rs.999/- to the complainant and 3rd opposite party is at liberty to receive the MO1 from this Forum after effecting payment.
In the result complaint is allowed in part. Since there is no damage to MO2 the complainant can take back the MO2 from this Forum. Opposite parties 1 to 2 are directed to give Rs.500/- to the complainant towards compensation. The 3rd opposite party is directed to reimburse the value of MO1 to the tune of Rs.999/- to the complainant. No further amount as to cost of the proceedings.
The Order shall be complied with within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in the open Forum on this the 29th day of April, 2017.
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier(Member)
Sd/- Smt. Jasmine.D (Member)
Appendix
Evidence of the complainant:
PW1 - Dr.Sujai Mathai(Witness)
Ext.A1 - Copy of Order Statement
Ext.A2 - Copy of print out of Tracking Details
Ext.A3 _ Copy of print out of Tracking Detais
Ext.MO1 - Nilki Amazing H Tempered Glass Screen Protector for Samsung Galaxy
Alpha G850F
Ext. MO2 - Parker Pen(Parker Vector Stainless Steel GT Ball Pen
Evidence of opposite parties: Nil
//True Copy//
By Order
Senior Superintendent.
To
Complainant/Opposite party/S.F
Typed by: S/
Compared by:-
