M/S TRIDEV EXPRESS CARGO Vs. IPSITA SAHA

JUDGEMENT

(1.) Respondent/Complainant was carrying on cloth business under the name of Bhagwati Boutique. She engaged the services of the Petitioner/Opposite Party for carrying her consignment to different parts of the country. The Complainant booked a consignment containing seven bundles of cloth from Kolkata to Bangalore through the Petitioner on 06.12.2017. Out of the seven bundles of cloth that she booked, the Complainant received six bundles. Complainant sent letters dated 15.12.2017 and 19.12.2017 to the Petitioner requesting delivery of the undelivered bundle, but in vain. Thereafter, she filed a complaint case before the District Forum with the following prayer: -

(2.) The Complaint was contested by the Opposite Party by filing written statement that the Complainant was not a consumer as defined under Section 2 (1) (d) of the Consumer Protection Act, 1986. Further, the Respondent/Complainant had booked uninsured consignment and had not disclosed the value of goods. The liability of consigner, in a case of uninsured consignment, was limited. There was no deficiency in service and/or unfair trade practice on the part of the Opposite Party and, therefore, the complaint case be dismissed with cost.

(3.) After hearing both the parties and perusing the record, the District Forum allowed the complaint case and ordered as follows: -