LAWS(NCD)-1993-5-96

RUPKALA Vs. INLAND COURIER P LTD

Decided On May 19, 1993
RUPKALA Appellant
V/S
Inland Courier P Ltd Respondents

JUDGEMENT

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

(2.) The Complainant booked a parcel containing eleven sarees worth Rs.50,000/- on 10-6-1992 with the Opposite Party Courier for transport and delivery to M/s. Vertical Shades, KC-8a, Ashoka Vihar, Delhi-110052 under receipt No.25894 paying a charge of Rs.280/. The parcel was agreed to be sent by air. But the Opposite Party sent it by railway and it was lost in transit. The missed parcel had not been traced or delivered to the Opposite Party. Hence the claim for value of the goods and for compensation in the sum of Rs.1 lakh. The Opposite Party admitted the booking of the Parcel under receipt No.25894 and payment of a fee of Rs.280/-. But it denied that the parcel contained eleven sarees worth Rs.50,000/-. According to the Opposite Party, it contained only sample cloths of no commercial value. There was no agreement to send the parcel by air. The Opposite Party sent the parcel through fast train courier by rail but was lost in transit. The compensation claimed has no basis and is unsustainable.

(3.) Exhibits A1 to A15 and B1 and B2 are Marked. Proof affidavits are also filed.