Sister’s birthday sarees ‘never’ reached US, courier company to pay man Rs 78,000

“The complainant further contended that he sent sarees to his sister for her birthday celebrations as well as the Christmas festival. Due to the negligence and irresponsible behaviour of the opposite parties (courier firm officials), not only the complainant but also the sister of the complainant suffered from great mental agony, since the purpose of sending such courier is not fulfilled and all the hopes of the complainant and his sister were in vain,” the court observed.

Allowing the complaint on August 12, the commission directed the courier company and its officials to pay Rs 18,000 towards courier charges along with Rs 50,000 damages for “causing mental agony, pain and sufferance” The commission also directed Rs 10,000 as litigation costs to the man.

The complainant claimed that on September 5, 2022, he booked a parcel box weighing 24.330 kgs, which contained costly sarees along with other groceries and articles, allegedly worth Rs 1.50 lakh, to his sister, who is residing in the United States of America, through the courier by paying Rs 18,000 towards courier charges. The firm allegedly assured him that the parcel would be delivered within one week, but it was not delivered to his sister.

The man allegedly approached the courier firm several times but did not receive a satisfactory resolution. Aggrieved, he moved the commission, seeking directions to deliver the parcel to the US or to pay Rs 1 lakh towards the value of the goods, besides compensation.

‘No whereabouts of parcel’

It was found that, despite service of notices by the commission, none of the representatives of the courier firm appeared or filed a written version and the firm proceeded against ex parte.

The commission observed that the value of the goods in the parcel was not mentioned in the bill, and the complainant also failed to produce any documents regarding the worth of the goods in the parcel. Therefore, the commission held that the value of the goods could not be ascertained in the absence of proper evidence.

It was noted that the complainant had produced evidence establishing the entrustment of the parcel to the courier firm and its non-delivery to the consignee. Despite service of notice, the courier firm failed to place any material before the commission explaining the loss or whereabouts of the parcel.

The commission therefore held that non-delivery of the entrusted parcel without any satisfactory explanation amounted to deficiency in service and that the issuance of an empty receipt without details of the parcel amounted to unfair trade practice.

The commission directed the courier firm to pay Rs 18,000 towards refund of the courier charges, Rs 50,000 as compensation for mental agony, pain and suffering, and Rs 10,000 towards litigation costs within 45 days.

Takeaway:

This ruling highlights that courier firms are bound to deliver the promised service and cannot evade responsibility.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Telangana: 1800-4250-0333) or call the National Consumer Helpline at 1915 for assistance.

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