TRACKON COURIERS PVT. LTD. Vs. DEEP CHAND GUPTA

JUDGEMENT

(1.) Revision Petition no. 2472 of 2016 has been filed against the judgment dated 01.06.2016 of the Haryana

(2.) The facts of the case as per the respondent/ complainant are that his son Shri Vinit Bindal posted as a Captain in Indian Army at Tinsukhia (Arunachal Pradesh), requested the respondent to send all his original academic and technical qualification certificates through courier. The respondent on 30.09.2014 approached the petitioner/ opposite party for sending the documents. Petitioner sent all the original certificates including DMC's vide courier receipt no. 416634987 to Tinsukhia and charged a sum of Rs.43/-. The respondent informed his son accordingly that he may receive the said courier within 2/3 days. When the said courier was not received by Shri Vinit Bindal at Tinsukhia after one week of its sending, the respondent enquired from the petitioner and he was assured that the documents would reach within one or two days. On 08.10.2014, the respondent again visited the office of the petitioners but all in vain. Thereafter, the respondent submitted an application to petitioner on 11.12.2014 stating therein that petitioner had failed to deliver the courier at the destination which was containing DMC's of matriculation, senior secondary (10+2) B Tech (8) semesters and all original certificates thereof including Degree of B Tech. Respondent has further stated that he had enquired from the school/ college authorities for issuance of duplicate certificates but they informed the respondent that about Rs.1500/- would be incurred in obtaining each document and it would also take time. Thus, the respondent alleged that petitioners were admittedly negligent and deficient in providing proper services to him and thereby caused great mental agony and harassment to the respondent and his son. Hence, he sought relief as per prayer clause has been preferred. It is, therefore, prayed that the complaint of the complainant may kindly be accepted and the OP be directed to produce the original certificates. Detailed mark cards and original degree of B Tech to the complainant and bear the expenses of Rs.70,000/- plus interest on the amount and redress of grievances of the consumer and complainant.

(3.) The petitioners admitted that the respondent booked a consignment with them on 30.09.2014 for Tinsukhia (Arunachal Pradesh) but the same could not be delivered to the consignee as the address was in an Armed Forces Area where private couriers were not entertained and only Government Postal services were allowed by addressing consignments to Army Post office. At the time of booking, the respondent had stated that there was nothing urgent in the consignment and in case it was refused at the destination, then his son would collect it from the office of petitioner at Itanagar within 30 days and thus it was specifically told to the respondent that in such event, the consignee would have to collect the consignment. On such mutual understanding, the said consignment was booked and despite various requests to the respondent to inform the consignee to collect the consignment, the same was not collected and finally, the petitioner disposed it off as 'destroyed' consignment. In the end, prayer for dismissal of complaint with costs has been made.