Non-delivery of sweets deficiency in service

The Vijayawada District Consumers Forum held in a judgement that non-delivery of perishable goods like sweets is deficiency in service and ordered compensation along with the cost of the consignment and delivery charge to the consumer who booked the consignment.

R Dwarakanath Acharyulu of Gayatri Nagar in Vijayawada booked a consignment containing around seven kilos of sweets worth Rs. 3,250 with Unix AS Associates to be delivered to his son residing in the United States of America by paying charges of Rs. 4,500. At the time of booking the consignment, Acharyulu informed the courier service regarding the contents in the parcel and its perishable nature. However, the courier service assured Acharyulu that the parcel would be delivered within four days.

The courier service failed to deliver the parcel even after a week. When Acharyulu approached the courier service over its failure, he was assured that they would enquire into the issue and call them back. When the courier service was approached after one week, Acharyulu was told that the parcel was lost in transit and the company was investigating into the matter. Acharyulu insisted that the courier service should pay compensation. The courier service flatly refused to pay compensation.

Vexed with the attitude of the courier service, Acharyulu served a legal notice regarding payment of the compensation. But the courier service refused to take the legal notice. Another legal notice was also served to the courier service who again refused to take the same.

Peeved by the refusal of courier service to receive the legal notice, Acharyulu preferred a complaint with the Vijayawada District Consumers Forum to direct the courier servide to reimburse the actual cost of the consignment value of Rs. 3,250 and charges of Rs. 4,500 and a compensation of Rs. 20,000 towards mental agony in addition to the costs of the litigation.

After going through the evidence submitted by the complainant Acharyulu, the District Forum at Vijayawada held that it was the duty of the courier service to take responsibility for delivery of consignment for which he took booking and charged for delivery. The courier service could not escape from its liability by saying simply that the consignment was lost. “It is a clear case of deficiency in service,” the Forum said and added that the consumer was entitled to receive the value of his sing and charges along with compensation. The Forum ordered the courier service to pay the consumer Rs. 3,250 the cost of the consignment and Rs. 4,500 the charges he collected and compensation of Rs. 2,000 in addition to the costs of Rs. 1,000 within a month. If the courier service fails to pay the awarded amount within a month, it carries interest at the rate of 12 per cent per annum from the date of the judgement till realisation.