TCS, INCHARGE REGIONAL OFFICE, GUJRANWALA vs MUHAMMAD SIDDIQUE GHUMMAN S

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TCS, INCHARGE REGIONAL OFFICE, GUJRANWALA VS MUHAMMAD SIDDIQUE GHUMMAN S.33---Courier service---Faulty delivery---Liability of service provider---Consignment of valuable mobile phone booked on self-collection basis delivered to an impersonator without proper verification---Effect---Negligence and breach of contractual duty on the part of service provider established---Obligation of service provider/courier service to deliver parcel upon strict identity verification---Scope---The respondent (consumer) booked mobile phone through appellant/TCS (courier service provider) on a self-collection basis for one "SS", with insurance paid, but instead of delivering it to the intended consignee, appellant/TCS handed it over to an impersonator---Although the impersonator later admitted the fraud and returned the phone, the trial court awarded the respondent (consumer) Rs.124,000/- in compensation for the faulty service---Appellant/TCS instituted present appeal arguing that no damages were due since the phone was available for collection---The main issue for determination before the High Court was as to "whether the appellant/TCS remained liable to pay compensation for negligence and breach of duty in delivery, even when the respondent's (consumer's) own naivety contributed to the fraud?"---Held: The very concept of "self-collection" implied that the parcel should have only be handed over upon strict verification of the identity of the recipient, especially when the item was valuable and insured---The failure to verify identity and the handing over of the parcel to an unauthorized person constituted a breach of contractual duty as well as negligence---In fact, the fraud, which the intended consignee committed with the respondent, was materialized because of the inefficiency and breach of duty on the part of the appellant-company by handing over the mobile phone to their relevant person---The appellant-company later admitted its fault and claimed that the impersonator had admitted his mistake and had returned the mobile phone, which the appellant-company retained---This admission of error by the appellant-company was legally significant---It confirmed that the appellant-company failed to adhere to standard protocols of identification and verification, which were essential in cases where shipments were booked with agreed self-collection---Hence, it was irrelevant that the intended consignee was a fictitious person and was impersonated and the respondent claimant was himself naive in being trapped and the same did not absolve the appellant-company of its duty to prevent such frauds---The burden on a service provider, particularly one dealing with logistics and insured goods, was to ensure that such lapses did not occur---The reliance on mere representations by an unknown third party pretending to be the desired recipient or his/her representative, without documentary verification, violated the reasonable standards expected of such services under consumer protection principles---In light of the facts and the admitted fault by the appellant-company, the return of the mobile phone at a later stage did not undo the breach, nor did it negate the claim for damages, particularly, where there had been mental distress, delay, and inconvenience caused to the respondent/consumer---Therefore, the impugned judgment did not suffer from any infirmity---Present appeal was dismissed, in circumstances.

TCS, INCHARGE REGIONAL OFFICE, GUJRANWALA vs MUHAMMAD SIDDIQUE GHUMMAN S — 2026 CLD 61 LAHORE-HIGH-COURT-LAHORE

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