AKASH GANGA COURIER LTD. Vs. MOHAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 21.12.2006, passed by District Forum, Kullu, in Consumer Complaint No. 18/2006. By means of impugned order appellant and respondent No. 3 have been directed to pay Rs. 40,000/ - to the respondent No. 1 with interest @ 9% per annum from the date of institution of the complaint i.e. 21.4.2006 till payment alongwith cost assessed at Rs. 2000/ -.

(2.) RECORD of the complaint file shows that appellant was set ex parte after due service in the complaint before the District Forum below. This factual position was also not disputed at the time of hearing on its behalf. Only respondent No. 3 contested this case. Appellant is a courier service and respondent No. 3 carries on its business on its behalf in District Kullu. Respondent No. 1 filed the complaint on the basis that he had sent 5 kilograms of cabbage seed to M/s.Ajay Enterprises, near bus stand, Theog. Value whereof was Rs. 90,000/ -. Its shippers receipt, is at page 29 of the complaint file, it shows payment of Rs. 125/ -. It was not delivered to the addressee according to respondent No. 1. As such he got issued legal notice to the General Manager of the appellant, as well as to respondents No. 2 and 3.

(3.) IN response to the legal notice, appellant asked the lawyer to send the particulars of shippers receipt. Further, it was mentioned that all the terms and conditions are mentioned in its shippers which is the contract between both party (parties). The terms and conditions are the subject of claim and compensation. Needful was done on behalf of the respondent No. 1, vide his lawyers letter dated 23.1.2006 through registered post, copy whereof is at page 34 of the complaint file.