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Perambalur Consumer Forum Awards Compensation for Non-Delivery of Consignment by Trackon Couriers

The District Consumer Disputes Redressal Commission (DCDRC) of Perambalur, in a judgment delivered on October 14, 2022, ordered Trackon Couriers Pvt. Ltd. to pay compensation to K. Malaichamy, proprietor of Hyybrid Network Solutions, for failing to deliver a consignment booked in November 2016. The case highlighted the deficiency of service on the part of Trackon Couriers and awarded compensation for the mental agony caused to the complainant.

Case Overview

The complainant, K. Malaichamy, runs Hyybrid Network Solutions, a business dealing in computer spare parts. On October 27, 2016, he sold and invoiced:

1. An HP 22ES 54.6 cm (21.5”) IPS LED Monitor.
2. An HDMI interface cable.

These items were to be delivered to a consignee in Karnataka and were entrusted to Trackon Couriers Pvt. Ltd. on November 2, 2016, under Tracking Number 4300557492. A courier charge of ₹200 was paid.

However, the materials never reached the consignee. On November 25, 2016, the consignee informed the complainant about the non-delivery, leading to multiple follow-ups with Trackon Couriers through emails and phone calls. Despite repeated reminders and a legal notice dated August 9, 2017, the courier company failed to respond adequately or update the delivery status.

Complainant’s Claims

The complainant sought the following reliefs:

1. Refund of the invoice value for the undelivered materials (₹13,679) with 24% interest per annum from the date of the invoice until realization.
2. Compensation of ₹1,00,000 for mental agony and undue hardship caused by the courier service.
3. Litigation costs of ₹25,000.

Opposite Party's Defense

Trackon Couriers Pvt. Ltd. denied liability, citing:

1. The terms and conditions on the receipt, limiting liability to ₹100 for undelivered goods unless the value was disclosed and insurance was taken.
2. Allegations that the complaint was baseless and intended to extract undue monetary compensation.

The company argued that the complainant had accepted these terms by signing the receipt and dismissed the claim as false and frivolous.

Key Points for Consideration

The forum examined two critical questions:

1. Was there a deficiency in service by the opposite party?
2. Is the complainant entitled to compensation?

Findings of the Forum

Deficiency in Service

The forum observed:

• The courier company failed to deliver the consignment despite accepting payment and providing a booking receipt.
• Trackon Couriers did not take any steps to trace or recover the consignment, nor did they provide updates to the complainant.
• The opposite party's reliance on printed terms and conditions to evade liability was dismissed, as these terms cannot override their fundamental duty to deliver the consignment.

The forum concluded that the non-delivery of the goods, lack of communication, and failure to take corrective action constituted deficiency in service.

Compensation

While the complainant sought ₹1,00,000 for mental agony, the forum found ₹25,000 to be a reasonable amount. Additionally, it awarded litigation costs of ₹7,500, recognizing the undue hardship caused by the courier company's negligence.

Judgment

The forum passed the following order:

1. Compensation: ₹25,000 for mental agony due to deficiency in service.
2. Litigation Costs: ₹7,500 to cover the complainant's legal expenses.

The opposite party was directed to pay the amounts to the complainant within a stipulated period.

Implications of the Case

This judgment underscores the obligations of courier companies to fulfill their service commitments. It also clarifies that service providers cannot rely solely on printed disclaimers to evade liability, particularly when their negligence causes financial loss and mental agony to consumers.

The case serves as a reminder to consumers to document all interactions and pursue legal recourse when service providers fail to meet their obligations.