Blue dart courier service negligence - advice req.
Balamurugan P
(Querist) 23 August 2016
This query is : Resolved
Dear Friends,
Currently I’m doing 3 years LLB. I need expert advice on the below scenario / case.
I’m holding a Standard Chartered Bank credit and it was expired on 31-Jan-2015. I have requested the bank to send the renewed credit card to my residential address. As per the blue dart courier, my residential area comes under the non-coverage and courier agency taken the independent decision and tried to deliver to my office address (secondary address) on 9-Feb-2015.
Courier boy reached to my office despatch desk and checked my availability thru intercom and unable to reach to me thru office extension. Further, they haven’t made any attempt to deliver the courier and failed to call to mobile number. On 10-Feb-2015, they simply sent one SMS to my registered mobile and hold the courier till 18-Feb-2015 at their office and returned the card to the bank. As I was waited till 19-Feb-2015 at my residence and reached the courier office on 20-Feb-2015 and no proper responses were received.
Hence sent the legal notice thru lawyer and the courier agency replied the following:
1. Blue Dart strictly following the standard operating procedures (SOP) as per the agreement entered with Standard Chartered Bank.
2. The complainant is silent and he had not responded to SMS. Why?
3. The contract is made between SCB and Blue Dart agencies and no valid contract between Customer and courier agencies. Hence blue dart agency is not liable for any consequential special loss or damages.
I would request your valuable guidance on the mentioned points, which will help me to file a suit against the courier agency in consumer forum.
Looking for your support and thanks in advance.
Balamurugan P
+91 9840748477
Ms.Usha Kapoor
(Expert) 24 August 2016
Dear Client,
You can file qa case against SCB and Blue Dart courier agency nn account of their negligence not delivering renewed credit card to you. You can get renewed credit card and damages with interest from them.SCB is principal nd Blue Dart is their agent.
Kumar Doab
(Expert) 24 August 2016
"my residential area comes under the non-coverage and courier agency "
In that case neither bank should have booked thru M/s Blue Dart Courier nor M/s Blue Dart Courier should have picked up/booked the consignment.
Register your protest with M/s Standard Chartered Bank and instruct to dispatch all communications in future by Redg. Post from PO only.
You can write to both M/s Standard Chartered Bank , M/s Blue Dart Courier that you have permanently blacklisted M/s Blue Dart Courier
Rajendra K Goyal
(Expert) 24 August 2016
Request the Bank to send the card through courier agency operating in your area or through registered post.
K PHANI KUMAR
(Expert) 29 August 2016
1. The Standard Chartered Bank should have sent your renewal Credit Card through a Courier Agency that has operations in your residential area, which was mentioned in your application to the Standard Bank. At that time the Standard Chartered Bank had to advice you with regard to their Courier Agency that had no operations in your residential area. Hence, the major service defect of the bank was that only.
2.That since you you did not respond the SMS sent by Blue Dart Courier Agency, it is difficult to find the fault of Blue Dart Courier Agency. However , since the said Courier is am agent of the said bank, you can make it as a party., and find its defect in rendering professional services to its customer, as it did not make any second attempt( by calling and talking to you) towards the successful delivery of the goods. Hence, it cannot escape from its supplementary liability.
3. The Standard Chartered Bank should have sent the Credit Card through a Registered Post with Ack due, as Indian Postal Department has operations in all areas.
Hence , under the above mentioned facts and circumstances and the law enforceable , you can approach before the Hob'Ble Dist. Consumer Forum concerned.
Kumar Doab
(Expert) 29 August 2016
The Banks have their internal SOP and SOP signed with courier employed by it.
If the area is not serviceable ( as per list with courier and bank) the Bank and courier have to on their own not to send/accept shipment by the courier.
Check internal policies and these might be on website.
