FIRST FLIGHT COURIER LTD. Vs. LALAN NARAIN DEV

JUDGEMENT

(1.) THIS appeal has been filed by the appellants courier against the order dated 21.10.2008 passed by the District Forum, Chittorgarh in complaint No. 266/08,by which the complaint of the complainant -respondent was allowed against the appellants in the manner that the appellants were directed to pay Rs. 25,000 as amount of compensation for mental agony to the complainant respondent for not delivering the letter and further they were directed to pay Rs. 3,000 as amount of cost of litigation and Rs. 1,000 as amount of expenses of the notice, etc.

(2.) IT arises in the following circumstances: That the complainant -respondent had filed a complaint against the appellants before the District Forum, Chittorgarh on 22.5.2008 inter alia stating that an envelope was sent by the complainant -respondent to his daughter who was studying in Bihar on 3.3.2008 and in that envelope photo was sent as it was required for appearing in the examination after paying Rs. 75 and receipt No. was 24455957 and it was agreed that the said envelope would reach its destination on or before 18.3.2008. It was further stated in the complaint that instead of delivering the letter at its destination in Bihar, the same was returned by the appellants to the complainant respondent on 18.3.2008 and for the deficiency, the complaint was filed.

(3.) A reply was filed by the appellants before the District Forum on 10.7.2008 and their case was that the envelope could not be got delivered at its destination in Bihar but the same was returned to the complainant -respondent and, thus,there was no deficiency in service on the part of the appellants and it was prayed that the complaint be dismissed.