K.N. PAREEK Vs. AKASH GANGA COURIER LTD.

JUDGEMENT

(1.) Revision petition no. 494 of 2013 has been filed under section 21 (B) of the Consumer Protection Act, 1986 against the order dated 14.12.2012 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur in Appeal no. 217 of 2011.

(2.) The brief facts of the case as per the petitioner/ complainant are that the petitioner handed over an envelope addressed to M/s A Adarsh Law Firm , A 144, Ground Floor, Jhilmil Colony, Delhi 110 095 to the respondent no. 2 / opposite party no. 2 and obtained receipt no. 05509917 on 27.01.2009. The respondent returned the letter undelivered to the petitioner mentioning "always closed" on 01.02.2009. The envelope did not bear any date and time when the staff of the respondent no. 1 went to deliver the letter to the addressee. The said envelope was returned back and delivered to the petitioner within four days of the booking indicated that the concerned staff of the respondent did not go to the addressee perhaps it may be at a long distance from the office of the respondent at New Delhi. On receipt back of the envelope, the petitioner sent another copy to the above mentioned letter to the same address through post office under registered AD and it was properly delivered at the same address. The envelope contained notice of the other party to the client of the petitioner and reply to the legal notice which was sent by the petitioner to one of his clients to prosecute him under section 406 and 420 IPC. There was, thus gross deficiency in service on the part of the respondent. Due to non-delivery of the said envelope to the addressee in time caused the petitioner not only heavy mental tension and expenditure but also loss of confidence on the petitioner by the client.

(3.) Petitioner has requested that the respondent may be directed as under: