MADHUR COURIER SERVICES Vs. R S PANDE

JUDGEMENT

(1.) THIS writ petition is directed against the orders passed by District Consumer Disputes Redressal Forum, Jabalpur, State Consumer Disputes Redressal Commission, Bhopal and National Consumer Disputes Redressal Commission, New Delhi, respectively contained in (P-4), (P-5) and (P-1 ).

(2.) RESPONDENT Dr. R. S. Pande, filed an application before the District Consumer Forum, Jabalpur, claiming a sum of Rs. 29,000/ -. Respondent/complainant sent 125 gift vouchers through the petitioner Madhur Courier Services from Jabalpur to Nagpur which were not delivered to consignee. District Forum found the case of deficiency in service and awarded a sum of Rs. 19,000/- on account of value of cooking range Rs. 15,000/-, for grinder mixer Rs. 4,000/- and cost of Rs. 500/- along with the interest at the rate of 12% with effect from 23-9-97. An appeal was preferred before M. P. State Consumer Disputes Redressal Commission bearing No. 786/97, which was dismissed on 18-5-98. Thereafter Revision Petition No. 675/98 was preferred before National Consumer Disputes Redressal Commission, New Delhi. It was dismissed as per order (P-1) passed on 10-4-2002. The petitioner assails the order on the ground that the receipt which was issued to the respondent/complainant, there was condition in which liability of Courier Services was limited to Rs. 100/ -. Petitioner submits that in view of the contract between the parties award of damages of Rs. 19,000/- is bad in law and impermissible.

(3.) IT has been found as a fact that receipt was not signed by the respondent/complainant and the attention of the complainant was not drawn under the condition limiting the liability of the Courier. It has been held that receipt does not bear the signature of the consignor. The conditions mentioned in the receipt are not binding upon him. It is a finding of fact recorded is not in dispute that the receipt issued by petitioner (P-3) does not bear the signature of consignor. Thus, it has been concluded that the liability of the Courier Services will not be limited tors. 100/