The forum had also directed the courier company - TCI XPS, Express Distribution Specialists - to pay consignment cost of `23,305 to the complainant, H & Care Incrop.
The complainant firm had sent a consignment containing medicines to Shakti Pharmaceuticals in Jhansi on February 25, 2012; declared value of which was Rs. 23,305. The said consignment was to be delivered against DACC (Delivery against Consignee Copy) by paying a freight amount of `1,459 by Shakti Pharmaceuticals.The complainant said the courier firm in connivance with Shakti Pharmaceuticals delivered the consignment without obtaining consignee copy and on the same time the amount of bill of Rs. 23,305 was not paid by Shakti Pharmaceuticals to the complainant, which was to be paid before taking the delivery of goods by obtaining consignee copy from the complainant.
In its reply, the courier firm said the complaint was not maintainable as the complainant does not fall within the definition of consumer as the material which was being sent was meant for commercial purposes. Pleading that there was no deficiency in service on their part, a prayer was made for dismissal of the complaint.
The forum held, “The complainant cannot be left to suffer for any fault on part of courier company in making a delivery without taking sufficient precautions…..Hence, the delivery of the consignment without having received the invoice value of the consignment, amounts to deficiency in service.”