IND-SWIFT LABORATORIES LIMITED Vs. SPEEDAGE CARGO

JUDGEMENT

(1.) This complaint has been filed under Sec.12 of the Consumer Protection Act for the recovery of loss to the tune of Rs.4,60,000/- along with interest @ 24% per annum from the date when the goods were delivered on 13.11.1997 incurred by the complainant Ind-Swift Laboratories Limited, Manimajra, Chandigarh. Despite service to the respondents no body appeared on behalf of the respondents. Hence the respondents have been proceeded ex parte.

(2.) The complainant has averred that the respondents Speedage Express Cargo Service are carrying on the business of transportation of goods. On 13.11.1997 the Company of the complainant consigned 31 drums of Amoxycilin Trihyderate weighing of 705 kgs. vide invoice No.262 dated 13.11.1997 (Annexure C-l ). The consignment was sent to M/s. Bhawani Shankar Company, Bombay the consignee through the respondent vide docket No.303352 dated 13.11.1997 (Annexure C-2 ). The complainant- Company paid all the charges amounting to Rs.6,747/- as demanded by the respondent against receipt (Annexure C-3 ). On 28.11.1997 the respondent intimated the consignee vide their letter dated 28.11.1997 (Annexure C-4) that there was a theft in their office-cum-godown on 21.11.1997 and 8 drums of Amoxycilin Trihyderate have been lost out of 31 drums, as such out of 31 drums they can deliver only 23 drums of Amoxycilin Trihyderate. Since 8 drums of Amoxycilin Trihyderate had been stolen from the godown of the respondent, the complainant had no option but to accept the delivery of 23 drums for delivery to M/s. Bhawani Shankar Company (consignee ). On enquiry, it has been detected that there was a shortage of 200 kgs. of Amoxycilin Trihyderate as such the complainant- Company submitted a letter dated 22.12.1997 (Annexure C-5) to the respondents to reimburse the loss amounting to Rs.4,60,200/- along with interest as per the rate prevailing in the market. Again on 3.1.1998 a letter was sent to the respondents through fax message which was duly received by the respondents in which the request was again made to reimburse the amount due to the loss of 8 drums but to no effect. The respondents vide their letter dated 16.1.1998 (Annexure-7) admitted that there was a loss on their part but they never mentioned that they were ready to reimburse the loss to the Company. Finally the complainant-Company sent a legal notice dated 9.4.1999 (Annexure C-8) which was served to the respondents for the reimbursement of the loss, but of no avail.

(3.) The complainant-Company has given the details of actual loss which is reproduced as under : "details of Actual Loss 200 kgs. @ 1950/- = 3,90,000/- (Amoxycilin Trihyderate) Basic Excise Duty @ 18% = 70,200/-Total Loss = 4,60,200/- (Four lacs sixty thousand two hundred only ). " The affidavit of Pardeep Verma, Company Secretary dated 21.1.2000 (Annexure C-9) is on record.