Krishna District Commission Holds Fedex Liable For Failure To Deliver Promised Urgent Shipment Within 10 Days, Orders Refund, Rs. 15k Compensation

The District Consumer Disputes Redressal Commission-II, Vijayawada, Krishna (Andhra Pradesh) bench comprising Sri Chiranjeevi Nelapudi (President), K. Sasi Kala (Member) and A. Venkata Ramana (Member) held FedEx courier services liable for failure to deliver the Complainant's shipment to Luxembourg which was urgently required by his employer. FedEx promised that the shipment would be delivered within 10 days. However, the shipment failed to leave India and was consequently dismissed. Brief Facts: Vakkalagadda Naga (“Complainant”) approached FedEx online to arrange for the courier to send his original police clearance certificate to his employer, based in Luxembourg. FedEx collected the courier shipment from the Complainant and he paid Rs. 2,500 as delivery charges. FedEx promised that the courier would be delivered in 10 days. However, a few days later, the Complainant noticed that the courier he sent via FedEx International Priority mode did not even leave India. This delay caused significant inconvenience to the Complainant, who contacted FedEx multiple times through email expressing his concerns and the urgency of the situation. Unfortunately, FedEx didn't reply satisfactorily. It was after 14 days that the Complainant was informed that the matter was being investigated by a team. After a few days, the Complainant was informed that the shipment was still in Bangalore and inquired if he wanted it to be returned or if it still needed to be couriered. The Complainant requested a refund of the delivery charges along with an amount of Rs. 12,40,000/- equivalent to two months' salary in Luxembourg, due to the delay caused by FedEx. FedEx replied by stating that they were not liable for any consequential loss. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission-II, Vijayawada, Krishna District (“District Commission”). The District Commission sent a notice to FedEx. No one represented FedEx during the proceedings, therefore, it was proceeded against ex-parte. Observations by the Commission: After reviewing the evidence and submission made by the Complainant, the District Commission held FedEx liable for deficiency in service for the loss of shipment in transit and inadequate responses to the Complainant's communications. Referring to the amount of compensation demanded by the Complainant, the District Commission held that there was a lack of valid material to substantiate that the loss of the shipment resulted in a financial loss equivalent to an estimated two months' salary. The District Commission held that mere oral allegations, without the submission of relevant documentary evidence regarding the alleged financial loss suffered by the Complainant, cannot be considered tenable. Nonetheless, the District Commission held that the Complainant was entitled to a refund of Rs. 2500/-, the amount paid to FedEx as shipment charges. Further, the District Commission directed FedEx to pay a compensation of Rs. 15,000/- for mental agony caused to the Complainant and pay an amount of Rs. 5,000/- towards the litigation costs incurred by the Complainant. Case Title: Vakkalagadda Naga Venkata Srikanth vs Babita Tiwari Case No.: C.C. No. 115 OF 2022 Advocate for the Complainant: K.V. Raghava Rao Advocate for the Respondent: None Click Here To Read/Download The Order

Krishna District Commission Holds Fedex Liable For Failure To Deliver Promised Urgent Shipment Within 10 Days, Orders Refund, Rs. 15k Compensation

Smita Singh

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