JET AIRWAYS LTD Vs. HI TECH COMPUTERS

JUDGEMENT

(1.) With the consensus of the appearing counsel for the parties, the petition is taken up for final adjudication at its admission stage.

(2.) Precisely factual background giving rise to the instant lis is that respondent No. 1 is running the business under the name and style of Hi-Tech Computers situated at Fair Deal Shopping Complex, Residency Road, Srinagar. Respondent had to supply computer parts to M/s. Sun Shine Public School of the value of Rs. 2 lacs, components worth Rs. 50,000/- were supplied and the components worth Rs. 1,50,000/- were to be supplied up to 16-1-2002. Respondent No. 1 used to purchase the computer items from a business concern M/s. Rajman New Delhi so had placed the order for supply of requisite computer items worth Rs. 1,50,000/- with instruction for sending the same by airway. Accordingly, respondent No. 2 M/s. Rajman Company dispatched the required computer items costing to Rs. 1,50,000/- under Airway bill No. 589142977-4161 under invoice cash memo No. 317 dated 14-1-2002 by Jet Airways through their agent M/s. JAC Air Service on 14-1-2002. The petitioner had some outstanding arrears with the agent M/s. JAC Air Service, in view of which, petitioner did not send the consignment but after settlement did send the consignment on 30-1-2002, reached Srinagar on the same day. Respondent No. 1 was informed, who refused to receive the consignment as according to him, delay in dispatch and receipt has rendered the items useless for him as the same were required to be supplied to the Sun Shine Public School up to 16-1-2002 failure on his part in not supplying the items to the M/s. Sun Shine Public School well within the time fixed has affected his reputation as he could not keep his commitment, resultantly, cost of components worth Rs. 50,000/- already supplied could not be realized and the Items cannot now be supplied as not required, therefore, the items have no utility for him, so the consignment remained with the petitioner.

(3.) In the backdrop of the aforesaid facts, respondent No. 1 lodged a complaint before the Divisional Consumer Forum, claiming compensation to the tune of Rs. 4,50,000/- on the following counts : 1. Cost of goods booked Rs. 1,50,000/- 2. Loss of profit caused in the business due to non supply of goods Rs. 0.50 lacs. 3. Compensation for the price of components already delivered to the owner of Sun Shine Public School at the time of accepting the offer of supply Rs. 0.50 lacs. 4. Damage caused to the reputation of the business Rs. 1 lac. 5. Compensation for mental agony and suffering Rs. 1 lac. The Divisional Forum vide its judgment dated 8-4-2005 concluded that non delivery of the goods for sixteen days has caused loss, therefore, awarded Rs. 30,000/- as compensation to the complainant payable within one month, in default 6% interest shall be chargeable. Complainant (respondent No. 1 herein) dissatisfied with the award of compensation assailed the order of the Divisional Forum by medium of appeal before the Jammu and Kashmir State Consumer Dispute Redressal Commission, hereinafter referred to as the "State Commission". The State Commission vide its judgment dated 12-6-2007 has held complainant entitled to the tune of Rs. 2,97,298/- payable within a period of two months. In default Interest at the rate of Rs. 9% p.a. has been allowed.