BAGAWATHI COMBINES Vs. SKYPAK COURIER LTD

JUDGEMENT

(1.) This is a complaint under Sec.17 read with Sec.12 of the Consumer Protection Act.

(2.) The first complainant is an exporter. It also arranges jobs for Indians abroad. It entrusted a consignment of documents to the opposite party on 7.9.92 at Madras for delivery to the second complainant at Papua New Guinea. The documents were as follows. : (1) Details and literatures for supply of oil firing equipments meant for M/s. W. R. Carpenter and Company Estates, Mount Hagen, New Guinea. (2) Documents relating to supply of spare parts for M/s. Warran Plantation Private Limited, Papua, New Guinea. (3) Copy of the passport of Aminlal Varma Jegannath Verma the third complainant. (4) A cheque book containing 7 leaves issued by the Tamil Nadu State Cooperative Bank for the signature of the second complainant. The consignment was not delivered to the consignee. There was therefore negligence on the part of the opposite party and hence this complaint, for compensation claiming Rs.4-5 lakhs as loss of export order from M/s, W. R. Carpenters and Company, loss of order to the value of Rs.8 lakhs from M/s. Warran Plantation Pvt. Ltd. , loss of earning for the third opposite party in the sum of Rs.3 lakhs and loss of land deal on account of the failure of the cheque book in all a sum of Rs.10,00,000/- is claimed as compensation.

(3.) The complaint is resisted by the opposite party. It is contended that the first complainant is not a consumer and the complaint is not maintainable. The failure to deliver the consignment is not denied. But the quantum of compensation is disputed as highly speculative. The claim is made on probabilities and not on any event or occurrance. The opposite party denied any knowledge of the contents of consignment. They were never disclosed to the opposite party. The compensation claimed is therefore untenable. It is also contended that as per the consignment note, the courier is liable to pay compensation of 100 USD only.