ZENITH COMPUTERS LTD Vs. ELBEE SERVICES LTD

JUDGEMENT

(1.) The complainant - company has filed this complaint alleging deficiency in service by the opposite party while transporting goods and have claimed compensation of Rs.7,60,575/- along with interest and further Rs.50,000/- as compensation.

(2.) It is the case of the complainant that it engaged the opposite party for transporting its goods to various destinations in India for the past few years. The rates of the services were reduced in writing between the parties by way of memorandum of understanding. As per the said memorandum, the complainant had to pay 2% of the value of the consignment for the purpose of insurance.

(3.) On 30.4.2001 the complainant despatched a consignment to M/s. Gaurav Aircon Computers, Jaipur under two invoices of value Rs.20,56,390/- and Rs.5,57,750/- through the opposite party vide the way bill No.285169776. The consignment was loaded in the opposite party's truck bearing No. MH-03-N-1100. The said truck met with an accident on 3.5.2001 at Kehda, District Ratnagiri when it collided against S. T. bus MH-20-D-2954. As a result the computer goods fell off the cargo body and got crushed as well as suffered impact damages. After the accident, the opposite party transported all the damaged goods to another truck and delivered the consignment back to complainant's works at Goa in damaged condition on 14.5.2001.