GATI LTD Vs. RAJASTHAN DRUGS AND PHARMACEUTICALS LTD

JUDGEMENT

(1.) THIS revision petition is against the order dated 06.07.2009 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') in First Appeal no. 1741 of 2008. By this order, the State Commission dismissed the appeal of the petitioner against the order dated 31.07.2008 of the District Consumer Disputes Redressal Commission I, Jaipur (in short, 'the District Forum').

(2.) THE petitioner was the opposite party (OP) before the District Forum. The complaint against the OP filed by the respondent/complainant related to the latter's alleged deficiency in service in delivering partly damaged consignments of medicines sent by the complainant to a consignee in Patna. The complainant alleged that out of the 2 consignments of medicines, 11 cases/cartons in each consignment, valued in all at Rs.1,79,722/ -, were delivered to the consignee in a damaged conditions. The local representative of the OP had acknowledged this. The OP contested the complaint mainly on the ground that the complainant, being a commercial entity, could not be termed a "consumer" under the provisions of the Consumer Protection Act, 1986 (in short, 'the Act'). In addition, the allegation of damage to a part of the consignments was also denied.

(3.) AFTER considering the pleadings and hearing the parties, the District Forum held that the complainant was indeed a "consumer" of the service provided by the OP in terms of the definition under section 2(1)(d)(ii) of the Act. It also held that 11 cartons of medicines in each of the two consignments were delivered in damaged condition and their value was Rs.1,79,722/ -. Accordingly, the District Forum partly allowed the complaint and directed the OP to pay to the complainant Rs.1,79,722/ - with interest @ 8% per annum from 13.06.1999 till payment and cost of Rs.2,500/ -, within one month from the date of the order failing which the rate of interest was enhanced to 12% per annum.