INLAND COURIERS PVT LTD Vs. INDO-JAPAN HYBRID

JUDGEMENT

(1.) This appeal has been directed against the judgment passed by the learned District Forum, Siliguri, on 26.7.2010, in its case No. 112/S/ 2009, where by the learned District Forum allowing the complaint on contest in part against the OP with cost of Rs.1,000 has directed the OP to pay a sum of Rs.38,950 together with hiring charges of Rs.135 totalling to Rs.39,120 to the Complainant within a period of 45 days and the learned Forum below was pleased to award compensation in favour of the Complainant to the tune of Rs.5,000 payable by the OP and the Forum has directed to pay the abovemen-tioned total amount within 45 days from the date of passing of the judgment, failing which the awarded sum would carry interest @ 9% p.a. from the date of institution of the instant case dated 29.12.2009 till realization of the entire awarded amount.

(2.) The brief fact of the case of the Complainant is that he used to deal with high quality imported vegetables and other seeds. The OP is engaged in carrying documents and seed's parcel from Siliguri to several parts of the country .The OP is governed by Indian Carriage Act and all the provisions of the carriage are applicable in addition to other laws of the loss as applicable from time-to-time. The Complainant booked a parcel containing 4.5 kgs. of imported hybrid vegetables seed for safe transportation and delivery within three days to the consignee namely Assam Beej Bhandar, Bazar Road, Ward No. 9, North Lakhimpur on 22.8.2009 under consignment note and on payment of Rs.135 as service charges. The said consignment should have been reached to the consignee by 26.8.2008.

(3.) The Complainant also handed over a copy of the bill for Rs.38,950 and a declaration that the consignment/parcel containing imported hybrid seed on the body of the parcel the Complainant's representative has also mentioned 'consist of imported hybrid seed valued Rs.40,000 about.' The said consignment was booked on 21.8.2009. The Complainant is not concerned how the said consignment would be carried by the OP. After about lapse of 10 days the Complainant received a message from the consignee that the said parcel had not yet reached to' its destination. The seed is seasonable item and it looses its value if it is not utilized within a fixed period on inquiry it has been intimated that the parcel in question had already been delivered to the addressee consignee. When the Complainant asked for document of delivery known as POD it has come to his notice that the said parcel was to move through plane, so Custom Authorities had written the same and it would take more time Ultimately on 22.9.2008 it has been intimated over phone that the said consignment had been misplaced and lost somewhere. The Complainant then wrote a letter for non-delivery of the said consignment on 23.9.2009 which was posted on 24.9.2009 under registered post with A/D. But the OP refused to accept the said registered letter on 25.9.2009 and accordingly it was returned to him with the remark 'refused, return to sender'. On inquiry it has been further disclosed that the said consignment had been lost in transit by their Agent Service provider Tridev Exp Cargo of Siliguri to whom the OP had delivered in Siliguri for onward transportation. Subsequently, the OP furnished a Xerox copy of G.D. entry dated 21.9.2009 lodged by one Sri Satya Sarkar stating therein that a parcel weighing six kgs was booked by the OP under the consignment on 22.8.2009 issued by Tridev Exp Cargo in the name of Indian Courier Private Limited and the same was lost near NTS More,.Sevoke Road, Siliguri on 22.8.2009. Since the Complainant sustained loss due to non-delivery to the consignment through the OP who grabbed the said parcel for illegal gain and it amounts unfair trade practice and deficiency in service. It is the primary duty of the OP to take all precaution and measure for safe transportation and safe delivery in good condition within reasonable time. Therefore, due to negligence on the part of the OP the Complainant suffered a loss to the tune of Rs.38,950. Thereafter, finding no other alternative the Complainant approached before the learned Forum below by filing a petition of complaint, wherein prayer has been made to give direction upon the OP to pay a sum of Rs.38,950 alongwith value of the consignment for Rs.135, compensation for Rs.25,000 for mental agony, tension and hamper of prestige, pendente lite interest @15 % p.a. on Rs.38,950 till realization and prayer has been made for litigation cost.