S.N.AGGARWAL,PRESIDENT - (1.) THE appellant got booked one courier with the respondents on 6.8.2002 on payment of Rs. 405 vide cheque dated 10.9.2002 for its delivery to the Controller of Patents and Designs, Calcutta. It contained seven cases of registration designs belonging to different clients. The appellant made enquiries from the respondents if the delivery of article has been made to the addressee but no effect. Then the appellant wrote a letter dated 23.10.2002 which was received by the respondents on 30.10.2002. It was, however, not replied.
(2.) IT was further pleaded that the said parcel was misplaced/lost by the respondents on which the appellant again sent the fresh photographs of the articles and incurred another expenditure of Rs. 9,660 towards the charges of photographs etc. He also incurred another expenditure of Rs. 1,800 towards preparation of cases and demand draft of Rs. 7,000 was paid towards fees.
(3.) IT was further pleaded that on 14.11.2002, the representative of respondents came to the office of the appellant and returned the said courier which was booked with them on 6.8.2002. Alleging deficiency in service on the part of respondents, the appellant filed a complaint against them in the learned District Consumer Disputes Redressal Forum, Jalandhar (in short the ˜District Forum) for compensation. Costs and interest were also prayed. The respondents filed the written reply. It was not denied that the appellant had sent the parcel through the respondents on 6.8.2002 for delivery at Calcutta but it was denied if the appellant had made the payment of Rs. 405 vide cheque dated 10.9.2002. It was also denied if the respondents had given any assurances about the delivery of the parcel article.;