Engineer father’s parcel to daughter goes ‘missing’, courier firm told to pay Rs 41,000

The commission found that the complainant and his daughter were compelled to make repeated enquiries and pursue the matter without success. (AI-generated image)

A Kerala consumer commission has directed courier company officials to pay Rs 41,000 to a Kerala State Electricity Board executive engineer for failing to deliver a parcel to his daughter in Hyderabad.

The parcel, sent in August 2023, allegedly contained shoes, a backpack, two pairs of jeans, two novels, a cosmetic kit and two packets of banana chips. Despite repeated enquiries and a legal notice, the courier company neither delivered nor returned the parcel.

President C T Sabu and member Ram Mohan R of the Thrissur District Consumer Disputes Redressal Commission passed the order on September 15.

“Failure of a courier service provider to safely transport and deliver a consignment accepted for consideration, without any satisfactory explanation, clearly amounts to deficiency in service,” the commission said in its order.

Courier never received, no refund

The complainant, an executive engineer in the Kerala State Electricity Board, entrusted a parcel to the officials of the said courier company at Thrissur branch on August 28, 2023, for delivery to his daughter at Hyderabad. 

According to the man, the parcel contained a pair of shoes, a backpack, two pairs of jeans, two novels, a cosmetic kit and two packets of banana chips, having a total stated value of Rs 26,000. He also mentioned that he paid Rs 850 as courier charges and the parcel was promised to be delivered within five days. 

He added that his daughter received an OTP on September 1, 202, but the parcel was not delivered. Despite repeated enquiries with customer care and a personal visit by his daughter to the Hyderabad office, the consignment was neither delivered nor returned. 

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Aggrieved, he moved the commission seeking charges for the undelivered parcel and compensation. The man was represented by the advocate M Reghu before the commission. 

‘Entitled to reasonable compensation’

The commission noted that the courier company, despite being served notice, did not appear in the proceedings or produce proof of delivery, tracking records or other evidence to show that it had provided the promised service.

The commission pointed out that the complainant and his daughter were also compelled to make repeated enquiries and pursue the matter without success. “Therefore, the complainant is entitled to reasonable compensation for mental agony and inconvenience,” it added.

The commission found that the complainant had proved deficiency in service and was entitled to compensation and litigation costs.

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Accordingly, it directed the courier company and its concerned managers to jointly and severally pay Rs 26,000 towards the value of the articles, along with Rs 10,000 as compensation for deficiency in service, mental agony and inconvenience. They were also directed to pay Rs 5,000 towards litigation costs.

Takeaway

This ruling highlights that a courier company can be held liable for failing to deliver a parcel or explain its whereabouts, and may be directed to compensate the customer for the loss and inconvenience caused.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline on 1915 for assistance. 

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Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More