A Surat-based courier company has received a legal twist in its arm for not delivering an application of a doctor at AIIMS in time.
In this case the doctor had used the courier company’s services to deliver an application for the PG course entrance test to the institute. It’s failure to do so, resulted in non-delivery of the application in time.
This case has been treated by the National Consumer Dispute Redressal Commission (NCDRC) with utmost caution ordering the courier company to compensate the doctor with Rs 5 lakh, for the mental agony caused.
However, a local consumer court is reported to have directed the courier company to pay Rs 31,36,695 with 9% interest to the doctor who had to take admission in a self-financed institute in Karnataka. So, this decision by the NCDRC is spell of relief for the courier firm.
After fighting it out in the consumer court, the courier company approached the NCDRC on the grounds that while it is understood that losing an opportunity to appear in a prestigious institute like AIIMS can be painful; yet, it cannot be guaranteed the students would have cleared the examination. Therefore, on the single premise of not being burdened with the liability of paying the entire amount spent towards the doctors studies in private college, the courier firm was able to negotiate the amount to Rs 5 lakh towards the alleged negligence.
TOI reported that after completion of his MBBS, Gandhidham’s Nakul Morakhia sent application for AIIMS’s PG entrance exams from Surat through Professional Couriers on September 9, 2008. Despite the courier’s assurance twice that the application would reach destination in time, the cover returned in the 2nd week of December. The AIIMS did not allow Morakhia’s application, and he had to take admission in a self-financed institute in Karnataka in a three-year PG course. The fees were Rs 17,70,500 in this college belonging to Manipal University.
Morakhia approached a consumer court in 2010, which ordered the courier company to pay entire amount to the student – course fee as well as other expenditure including travelling expenses. The amount came to over Rs 31 lakh. The amount was ordered to be paid with 9% interest in addition with Rs 15,000 for mental agony and Rs 25,000 towards litigation cost.