PHARMA Vs. FREIGHT EXPRESS INTERNATIONAL PVT LTD

JUDGEMENT

(1.) THE complainant in C.O.P. No. 176 of 2002 on the file of the District Forum, Coimbatore is the appellant herein

(2.) THE case of the complainant was as follows: They came to import Baby Diapers from Port Klong, Malaysia through their forwarding agency. The opposite parties quoted low quotation for transport and OP3 Marketing Manager of OP1 assured that the delivery would be made within 20 days. The quotation given by OP1 was accepted and the complainant gave orders for import of Baby Diapers. The amount was 747.10 USD as per O.P.l's quotation dated 19.11.2001 from their Tiruppur office. The consignment reached Chennai port only after 45 days. O.P. 3 insisted on the complainant paying Rs. 59,182. Having no other alternative, the complainant paid the said sum together with a sum of Rs. 5,000 in cash for lorry freight from Chennai to Coimbatore. After the transaction, O.P.3 not having handed over the exchange control copy in spite of repeated demands on the ground that the complainant had to pay Rs. 19,000 more for getting exchange control copy, the complaint came to be filed alleging deficiency in service. The bank of the complainant insisted on production of exchange control copy. If it was not produced, there would be problem with RBI and the complainant's chance of importing goods in future would be paralysed.

(3.) THE opposite parties took the stand that though they had quoted 747.10 USD, the complainant subsequently entrusted the customs clearance work also to the opposite parties, which involved payment of several charges and the opposite parties had to insist on the complainant making payment of Rs. 59,182 towards approximate charges as advance and to pay the balance amount after clearing the consignment. The complainant paid Rs. 59,182 without protest. The cargo reached Chennai Port in about 27 days. Even the clearance charges were not exact and futher expenses were done strictly with the concurrence of the complainant. Throughout the process, the complainant never protested on the charges of the opposite parties and the shipping company charges. They only wanted the shipment cleared as fast as possible. The complainant even wanted the opposite parties to pay all expenses from their pocket assuring them of prompt payment as soon as the shipment was cleared. When the opposite parties had taken the full set of papers i.e. their bill, receipts and the exchange control copy to the complainant, they refused to accept the papers just to avoid the balance payment. Once the complainant got the cargo, they thought that that was the end of everything. Apparently, they had no previous experience, and they never knew about the importance of the exchange control copy which the opposite parties had. Only when their bankers asked about that, the complainant woke up and called upon the opposite parties to give the same. Unless the amount due was paid, there was no question of the opposite parties parting with the exchange control copy. There was no deficiency in service.