LAWS(NCD)-2011-8-61

KANHIYA LAL PITTI Vs. NAVEEN JAIN

Decided On August 29, 2011
KANHIYA LAL PITTI Appellant
V/S
NAVEEN JAIN Respondents

JUDGEMENT

(1.) This revision petition has been filed by Kanhiya Lal Pitti and another (hereinafter referred to as 'Petitioners') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Rajasthan (hereinafter referred to as the 'State Commission') in Appeal No. 1011/1999 wherein Naveen Jain was the Respondent.

(2.) The facts of the case according to the Respondent who was the original complainant before the District Forum, are that he had sent a parcel through the Petitioner/Courier Company containing Sarees worth Rs. 49,500 in the name of Smt. Kanta Goyal of Gujarat Dai Staff Industries, Baroda to whom these were to be delivered by Respondent made inquiries with the Petitioners from whom no satisfactory response was received. Aggrieved by this, Respondent filed a complaint before the District Forum on grounds of deficiency in service and requested that Petitioners be directed to pay the Respondent Rs. 49,500 towards cost of Sarees, Rs. 1 lakh for loss of his reputation, Rs. 5,000 for mental agony and Rs. 2,000 as litigation expenses.

(3.) Petitioners while admitting that a parcel had been booked on 16.10.1998 by the Respondent which was to be delivered to Smt. Kanta Goyal at Baroda however stated that they had in fact delivered the said parcel on 26.10.1998 at the given address and the delivery was also shown to have taken place through their Cash Memo No. 77287. Petitioners, therefore, while not admitting any deficiency in service contended that in case they were at fault, they would be liable to pay only Rs. 50 per kg. and, thus, a total amount of Rs. 250 in the present case to the Respondent.