Saurabh Jain vs MADHUR COURIER SERVICE

THE complainant has filed this complaint under Section 17(a)(i) of the Consumer Protection Act, 1986 claiming a compensation of Rs. 5,01,000/- in alleged deficiency in service on the part of the opposite party-Madhur Courier Service.

BRIEF facts of the case are that the complainant appeared in the PET Examination of the year 2000 conducted by the Professional Examination Board, Bhopal on 27.6.2000. The Examination Centre was Emanual Higher Secondary School, Sagar. The complainant failed in 3 subjects and, therefore, applied for revaluation on 13.7.2000 and sent an application to the Professional Examination Board, Bhopal Main Road No. 1, Chinar Park, East, Bhopal with a Bank Draft No. 199743 drawn on the Allahabad Bank, Sagar through opposite party No. 1/Madhur Courier Service for which the opposite party No. 1 charged Rs. 5 of which receipt No. 8952 dated 15.7.2000 was issued to the complainant. The opposite party No. 1 sent the application for delivery of the same to the Professional Examination Board, Bhopal through opposite party No. 2/Mohanlal Motwani. The complainant alleged that the opposite party No. 1 assured the complainant that the envelope will be delivered in the office of the Professional Examination Board on or before 15.7.2000, but the said application did not reach even before 17.7.2000, which was the last date of acceptance of the application for revaluation and it was delivered on 21.7.2000. The Professional Examination Board vide letter dated 26.7.2000 informed the complainant that his application or revaluation is rejected as it was not received before 17.7.2000, therefore, the complainant is not entitled for revaluation and sent back the Bank Draft to the complainant. The complainant alleged that he was sure that in revaluation his marks will be increased and he will get the admission in the Engineering College, but, as the application could not reach in time due to negligence and carelessness on the part of the opposite party, he could not get the admission and, therefore, he and his parents and family members suffered physical and mental pain hence claimed Rs. 5,00,000/- as compensation and Rs. 1,000/- for the correspondence made by the complainant, total Rs. 5,01,000/- with interest thereon at the rate of 12 per cent per annum from the date of application made for revaluation.

The opposite party resisted the complaint. It was submitted that the complainant failed in three subjects, i.e., physics, chemistry and mathematics. Therefore, it is beyond imagination that the complainant could have cleared all the three subjects and could have got a seat in the Engineering College. The opposite party further submitted that the complainant at the time of booking the consignment has not declared the documents being sent through courier and has also not given any instructions to the opposite party No. 1 that the documents should reach within a specified time, i.e., on or before 15.7.2000. Learned Counsel for the opposite party has drawn attention to Section 3 of the Carriers Act, 1865 which lays down that no common carrier shall be liable for the loss of or damage to property delivered to him to be carried exceeding in value one hundred rupees and of the description contained in the schedule of the Carriers Act, unless the person delivering such property to be carried or some person duly authorized in that behalf, shall expressly declare to such carrier or his agent the value and description thereof. Besides, the conditions printed overleaf of the receipt issued by the courier also restricts the liability to the extent of Rs. 100 only which binds the complainant.

WE have gone through this complaint and material on record and are of the opinion that in the absence of any declaration by the complainant to this effect that the envelope which was handed over to the courier was an important one and should be delivered by 17.7.2000 the opposite party cannot be said to be deficient in service. The complainant while delivering the envelope should have expressly told that this is an application for revaluation and must reach to the Professional Examination Board before 17.7.2000. Because this disclosure was not done, therefore, the envelope was delivered in due course of time. So far the delivery of envelope is concerned, the opposite party have delivered the envelope to the addressee and, therefore, the opposite party cannot be held deficient. Moreover, as per the receipt issued by the opposite party, the liability is limited only upto Rs. 100 and, therefore, at the most the complainant is entitled for the claim upto Rs. 100/-. In such circumstances, we direct the opposite party to pay Rs. 100/- along with costs of the proceedings which are quantified at Rs. 200/- which shall be paid within a period of two months from the date of receipt of certified copy of this order.

ACCORDINGLY, the complaint is disposed of. A copy of this order be conveyed to both the parties. Complaint disposed of.