ZEN Vs. GATI CARGO MANAGEMENT SERVICE

JUDGEMENT

(1.) This appeal has been preferred under Sec.15 of the Consumer Protection Act, 1986 against the order dated 25.4.2000 passed in Case No.317/1999 by the District Consumer Disputes Redressal Forum, Raipur (hereinafter called the 'district Forum' for short) whereby the complaint for deficiency in service by the opposite party was dismissed by the District Forum.

(2.) The facts not presently in dispute are that the complainant/appellant had booked a consignment containing hosiery items with the opposite party respondent on 5.5.1999 and the said consignment was to be delivered to M/s. Simon Intenational Products, Mumbai. It is also not in dispute that the opposite party/respondent had issued Receipt No. BN 71784 and it is apparent from the said receipt that a sum of Rs.212/- was charged and further that the committed date of delivery was 9.5.1999.

(3.) According to the facts narrated in the complaint, the complainant/appellant had booked a consignment with the opposite party/respondent on 5.5.1999, containing hosiery items worth Rs.10,770/- to be delivered to M/s. Simon International Products, 222/224, Zaveri Bazar, 3rd Floor, Mumbai. A sum of Rs.212/- was charged by the opposite party/respondent for providing the service of transportation of the aforesaid consignment and Receipt No. BN 71784 was issued therefor. The said consignment was to be delivered to the consignee on or before 9.5.1999. It is further averred in the complaint that the said consignment did not reach its destination till the date of filing the complaint. The consignee had informed the consignor i. e. , the complainant/appellant that the aforesaid consignment was not delivered to them though the consignee contacted the opposite party/respondent several times but the opposite party/respondent failed to give any definite reply. It was further averred that the said non-delivery of goods amounted to deficiency in service and had resulted in loss of Rs.10,770/- (being the price of hosiery items contained in the said consignment) to the complainant/appellant. Besides the aforesaid sum of Rs.10,770/- , the complainant/appellant had also claimed Rs.212/- paid by him to the opposite party/respondent and a sum of Rs.2,000/- towards damages and costs of proceedings.