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Zakir basha (Executive)     24 October 2016

Procedure for filing complaint in consumer court

Hi,

 
Myself Zakir basha from Vellore, TN.
Working in a private concern in Chennai.
I just want to confirm, whether I can file a case in consumer court for the below issue.
 
On 11.10.16 I ordered a baby cradle for my 3 months baby through online from the website firstcry.com, to Nellore.
It showed the estimated delivery date 17.10.16.
 
I kept tracking & this shipment was in transit from Pune & reached Nellore on 15.10.16 12.42 pm to Xpressbees courier office, Nellore.
As 15.10 was Saturday, & next day was Sunday and a hoiday for them.
I thought it will be delivered on 17.10.16 Monday. So, I didnt went to office & applied for a leave to check this delivery as this was so important for my baby as he couldn't able to sleep in a mat.
I waited till 4 pm but delivery wasn't made. So, I called Xpressbees customer care & asked the address of nellore office, they provided the address & said they don't have their contact no.
 
Then, Myself along with my brother in-law went to Xpressbees courier office in  a car & asked them to accept the payment of 2764 rs as it was a cod option & to  deliver the cradle. They asked our ID card, We showed. Then, they refused to deliver the item & said, due to Ayudha pooja holdays, their delivery boys didn't returned back to office & they have huge workload & shipments to be delivered.
They have to open the packages & then they have to arrange the delivery. They clearly mentioned they are of shortage of employees & our delivery will be take place on 18.10.16 for sure.
 
It was huge disappointment for me that delivery didn't happened inspite of making me absent from my office.
Next day, I didnt waited & I went to office in a hope, that delivery will be done as assured.
But, It doesn't. They marked as out for delivery in the shipment status on 18.10 & didnt delivered the item. I waited the whole day & kept checking till night in the hope that it will be delivered for sure as it was marked out for delivery.
But status was the same on 19.10. Then I made a complaint to firstcry team & explained the situation. They kept tracking, escalated to the senior officers & said we are checking & we will make them to deliver for sure.
I have sent this issue through a mail to xpressbees customer care. 
They too gave the same repy as firstcry team.
Today it is 24.10, still i havent received the item. I want to cancel the order but want to take some action.
 
Please advise what action could be taken & against whom?
Is that courier office or against Firstcry.
 
Regards.
 


Learning

 4 Replies

adv.bharat @ PUNE (Lawyer)     24 October 2016

U can file case on both party since it amount to deficiency in service.

Zakir basha (Executive)     24 October 2016

Thank you for your response. Could you please help with the procedure.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     26 October 2016

Estimated delivery date is 17.10 but did not get it delivered till 24.10, hence, there is deficiency in service.  If you cancel the order, it is debatable whether you are consumer or not.  If you accept delivery, then you have a right to file a case for deficiency in service.

moonkids   24 November 2019

The Kids Furniture advertise report gives a fair and itemized examination of the on-going patterns, openings/high development territories, showcase drivers, which would push partners to gadget and adjust advertise proce MoonKids vdures as indicated by the ebb and flow and future market elements.


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