FAR EASTERN CARRIER Vs. STANDARD LITERATURE ASSOCIATES

JUDGEMENT

(1.) Far Eastern Carriers (hereinafter referred to as the 'Appellant') has filed this First Appeal being aggrieved by the order of the State Consumer District Redressal Commission, Delhi (hereinafter referred to as the 'State' Commission') which allowed the complaint of M/s. Standard Literature Associates, original complainant before the State Commission and Respondent herein.

(2.) Appellants on being served, filed written submissions admitting that two consignments of books were entrusted to it for transportation from Kolkata to Delhi but denied that there was any deficiency in service on their part. According to the Appellant due to non-availability of a truck, the Appellant engaged the services of M/s. B.S. Road lines to transport the consignment through their truck No. DL 1G 2892 and freight charges were paid accordingly to M/s. B.S. Road lines. Unfortunately, the consignments could not be delivered in Delhi, as the truck met with an accident on 8.9.1996, when its driver lost control of the truck due to poor road conditions and it fell into the Taliya Dam in Bihar. An FIR was also lodged with the Police Station Hazari Bagh, Bihar on 17.9.1996. Respondent was also informed by the Appellant about the accident. However, since neither the driver nor the Appellant were responsible for the accident, Appellant contended that it was not liable to pay any compensation to the respondent. It was contended that the claim was also highly exaggerated since the value of the goods has been disclosed by the Respondent as being Rs. 2,80,000 and not Rs. 5,60,000 as Now claimed.

(3.) The State Commission after hearing the parties allowed the complaint by observing that whenever parties enter into a contract the service provider undertakes to make up the loss suffered by the consumer in case of non delivery, wrong delivery, destruction or damage. In terms of Section 14(1)(d) of the Consumer protection Act, a consumer is entitled to an amount as compensation as to the actual loss as well as the injury, agony and harassment suffered by him due to the negligence of the opposite party, as in the instant case. The State Commission also accepted the Respondents contention that the cost of the consignment booked was actually Rs. 5,60,000 by observing as follows: