N NARAYANAN Vs. INDU COURIERS AMALA AGENCY

JUDGEMENT

(1.) WE do not accept the order of the lower Forum. It is the admitted case that the complainant sent a letter through the 1st opposite party courier. The said letter has not been delivered. Therefore, alleging deficiency in service, the complainant has claimed compensation in a sum of Rs. 3,500/ - with cost.

(2.) THE opposite parties do not dispute the fact that they have not delivered the article. According to the complainant, he sent his application form for joining M.L. Degree course conducted by the Madras University and this was not delivered with the result that he could not pursue his studies. The letter was not delivered by the opposite party. The complainant sent a notice to which the opposite parties wrote to say that the packet has not been delivered to the consignee till date and it remained missed in transit and that in spite of their best efforts, they could not trace out the document.

(3.) THE lower Forum, on an erroneous construction, held that the opposite party is liable to pay only a compensation of Rs. 100/ - and accepted the complaint and directed the payment of Rs. 100/ -. But the lower Forum ought to have seen that the consignor note has not been signed by the complainant. Further, the declaration only mentions that the packet does not contain any gold, silver article or currency and that it contains only less than Rs. 100/ - in value. In the column marked as Shipper s signature, there is no signature of the complainant. The complainant thus has not contributed his signature and thus there is no agreement between the parties restricting the liability of the courier in case of loss or damage to the consignment sent. The National Commission has clearly held that if the consignment note is not signed by the consignor and if deficiency is proved, they are entitled to compensation. Here, the consignment note is not signed by the complainant which rules out any agreement to the contrary and the appellant/complainant is entitled to compensation as prayed for. The complainant has sent his application form for joining M.L. Degree course. On account of the non -delivery of the same, he has lost the chance of pursuing his studies and complete the M.L. course. Therefore, in such circumstances, the compensation claimed cannot be termed to be on the higher side. Therefore, we hold that the complainant is entitled to a sum of Rs. 3,500/ - claimed as compensation along with cost of Rs. 500/ -.