ANIL KUMAR Vs. D T D C COURIER

JUDGEMENT

(1.) THIS appeal is directed against the order dated 1.7.2005 passed by District Forum, Patna in complaint case No. 170 of 2003 whereby and whereunder the learned District Forum dismissed the complaint. Being aggrieved the complainant has come in appeal.

(2.) THE case of the complainant in brief is that he was residing temporarily at Delhi for preparation of Engineering Examinations and for Bihar Combined Entries Competitive Examination 2002 he obtained a form which required attestation by Head of Institute last attended and, therefore, the complainant delivered a letter to opposite party Courier Agency on 13.3.2002 addressed to his brother at Patna and the Courier Agency assured that letter (form) will be delivered by 15th March, 2002; that the last date of receipt of form was 28th March; that complainant was anxious and made inquiries on 16.3.2002 and other dates but the opposite party went on saying that it has sent the consignment on the same date and advised to contact Mahendru Branch of the opposite party; that the Mahendru Branch of the O.P. delivered the aforesaid letter to his brother on 20.3.2002 which was last date and though he dropped the form at GPO, Patna by speed post for the office of BCBCE, Patna but it could not be delivered on the same date and the application form of the complainant was rejected due to late arrival. The complainant claimed compensation of Rs. 8,00,000 (eight lakh) with 18% interest for deficiency in service of the opposite party.

(3.) THE opposite party DTDC Courier and Cargo Ltd., filed written statement who claimed that as consignment was booked from Katwarya Sarai, Delhi Branch of opposite party, the case at Patna was not maintainable; that the application of complainant for appearing in Rajasthan Pre -engineering Test 2001 was rejected by the Co -ordinator of the University of Rajasthan as they do not recognise the examination conducted by Bihar Intermediate Counsel, Patna; that even if there was any deficiency in service for the sake of argument in the service of the DTDC per provision of Clause 5 of the terms and conditions of carriage, the liability of the O.P. was limited to Rs. 100 only.