RAJA RAM MAURIYA Vs. FLYING ROAD COMPANY

JUDGEMENT

(1.) THIS petition is by the complainant. He is medical sales representative of M/s. Sigma Laboratories (P) Ltd., manufacturer of medicines. It appears Sigma Laboratories sent a consignment of sample medicines to the petitioner-complainant through respondent, a transport company. THIS consignment was lost. Alleging deficiency in service complainant filed this complaint which though was allowed by the District Forum but on appeal filed by the transport company, it was dismissed.

(2.) AGGRIEVED by the order of the State Commission, complainant has filed this petition. We are not able to appreciate locus standi of an employee to file complaint alleging deficiency in service when consumer would be employer himself. We have not been shown any authority as to how an employee could maintain a complaint on behalf of the employer which is a limited Company under the Companies Act, 1956. Admittedly, there was no value shown on the samples of the medicines. State Commission applied provisions of Section 3 of the Carriers Act, 1865 to the facts of this case and awarded only Rs. 100/- to the complainant with interest @ 12% per annum. We are not sure as to how Section 3 would apply as record does not show that the nature of medicines fall anywhere in the schedule to the Carriers Act. Be that as it may, we do not find any merit in this appeal as complainant cannot be a consumer. This revision petition is dismissed. Revision Petition dismissed.