AIRPAK COURIERS INDIA PVT LTD Vs. S SURESH

JUDGEMENT

(1.) THIS is an appeal against the order of the Tamil Nadu State Commission, Madras in Original Petition No. 169 of 1991 before them.

(2.) THE facts of the case as put before the State Commission are that the Respondent-Complainant is working as an Area Executive for M/s. Kwality Tubes and Capillaries, which is a private limited company having its head office at Jaipur, dealing in copper brass tubes and sections. The Respondent-Complainant gets orders on commission of 1.6% from the company on the net value of the orders. On 25.3.1991 a consignment of papers, described as "impor¬tant" by the Respondent including Performance Report and agreement letters were entrusted by the Complainant's head office at Jaipur to the (appellant) Courier at Jaipur to be transported and delivered to the Respondent-Complainant at Madras. The consignment did not reach the complainant. In spite of repeated reminders there was no response. The matter was taken up with the appellant's head office at Delhi, but in vain. The documents have not been received. The complainant was put to much loss and hard¬ship and he thereafter claimed Rs. 2,50,000/- as compensation.

(3.) AFTER taking evidence the State Commis¬sion held that it was a clear case of deficiency on the part of the appellant. Taking into account that the value of the orders lost in the above mentioned courier parcel, was alleged to be Rs. 50,00,000/- and that the respondent would have gained a commission of Rs. 80,000/- if the consignment had been duly received, and that the complainant must have been subjected to the mental agony ensuing from this loss, the State Commission granted Rs. 1,00,000/- as compensation to the respondent-complainant plus Rs. 500/- as costs and refund of Rs. 15/-being the freight charges collected, within one month from the date of receipt of the order.