Haryana

Ambala

CC/339/2011

DR.KIRAN - Complainant(s)

Versus

THE MANAGING DIRECTOR BLAZEFLASH COURIER - Opp.Party(s)

S.C HANDA

23 Feb 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 339 of 2011

                                                          Date of Institution         : 18.10.2011

                                                          Date of decision   : 23.02.2017

 

          Dr. Kiran Kumar Singal, Kiran Hospital bal Bhawan road, Ambala City.    

……. Complainant.

 

1. The Managing Director, Blazerflash Courier Limited, Corporate Office, Blazeflash office, 3^rd Floor 2/E/B Jhandewalan, Extension, New Delhi -110055.
2. Blazeflash Courier Limited near old Civil hospital Road, Ambala City, through it Manager.  

 ….…. Respondents.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

 

Present:       Sh. S.C. Hand, counsel for complainant.

                   Ops already exparte v.o.d. 28.10.2013.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant had hired a courier service of Blazerflash Courier limited near old Civil hospital Road, Ambala City under control of OP NO. 2 for sending a machine Ansiometer costing of Rs. 27500/- to DyAnsys India Pvt. Ltd No. 186 LLoyde Road Chennai TN 600014 vide Courier receipt no. 190680181 on 24.02.2011and paid courier charges of Rs. 35/- to OP No. 2 who assured the complainant that the machine in question shall be delivered in time but despite of giving assurance to complainant, the OP No. 2 could not deliver the machine stated above till date when the complainant tried to find out the where-about of his courier, but both the OPs failed to give satisfactory reply to the complainant. Further submitted that the complainant requested the OP on telephone and in writing as well as for not making the delivery of the machine in question and the complainant also requested them to make the payment of Rs. 27,500/- the costs of the machine, but every time both the OPs every time put the matter off on one pretext or the other. Hence, the present complaint.

2.                Upon notice, OPs appeared and filed written statement submitting that the compliant is not maintainable for non-joinder of necessary party and the consignee of the booked parcel is the necessary party to the complaint, to enable this Hon’ble Forum to adjudicate upon the controversy of non-delivery. Except the ipse-dixit of the complainant, there is no material/evidence on record that the addressee has not received the booked parcel, and the OP has not received any compliant of non-delivery from the addressee till date. Further submitted that the service of the OPs were engaged purely for commercial purpose, so, the complainant is not a consumer. Further submitted that all the contents of paras 1 to 6 of the complaint are wrong and denied, except that one parcel was booked with the OP against consignment note No. 190680181 dated 24.02.2011, which in the normal course was delivered to the consignee. However, as stated above, the record of delivery status of impugned parcel at is not available with the OPs. it is submitted that at the time of booking the value of the parcel was not declared by the complainant. Neither the OPs nor any of its employees has had misappropriated the alleged old and defective machine for any personal gain.

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-8 and close his evidence. OP did not bothered with the present case after filing of reply and they were proceeded against exparte v.o.d. 08.10.2013.

4.                We have gone through the file & heard learned counsels for the parties. Admitted, the complainant hired the courier service of OPs on dated 24.02.2011 & also paid the courier charges to the extent of Rs. 35/-. No evidence has been led on file by OP to the effect that the courier parcel has been delivered to its destination. We have no other option except to presume that courier has not been delivered to its destination. Now, the only one question arise whether the said courier contains the alleged machine work Rs. 27500 allegedly purchased by complainant on 15.05.2007 vide Annexure C-1 or not. There is no evidence on file to produce that the alleged machine has been sent through courier on 24.02.2011 and there is a liability clause to the extent of Rs. 100/- in case of                           non-delivery of courier. Admittedly, the OPs neither paid nor offered the complainant above said amount. However, the Ops have not placed on record any evidence to the effect that what is limit of preserving the courier record. Although, the complainant had moved a written complaint on dated 07.05.2011 duly received by the officials of OP but no enquiry has been conducted by the OPs.

5.                In view of the act and conduct of the, it is willful fault on the part of the OP and the OPs are deficient in service because Ops has not delivered the courier at its destination and also failed to offer/pay the liability to the extent of                    Rs. 100/-. In this way, the complainant has been harassed at the hands of the Ops and he has to knock the doors of the Court. Hence, the complainant is entitled the compensation, harassment mental agony and litigant expenses. So, the complaint is allowed with costs and OP is directed to comply with the following direction within thirty days from receipt of copy of the order:-

                                                                (i)      To pay a sum of Rs. 5000/- as a compensation, mental agony, harassment

.

                                      (ii)     Also to pay costs of Rs. 2200/-

                    Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on : 23.02.2017                                            Sd/-                              

                                                                             (D.N. ARORA)

                                                                                       President

 

                           Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member