KAMLESH GUPTA Vs. ECONOMIC TRANSPORT ORGANISATION

JUDGEMENT

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

(2.) The complainant is running a retail outlet for handloom and hand-crafted products made by the artisans. The Self-Employment Women's Association (here-in-after referred as SEWA) entrusted to the opposite party carrier a consignment of 4 packages of chikan-kari, Salwar-suits, dupattas, gents kurtas to be transported and delivered to the complainant on 27.6.92 at Madras for exhibition and sale to be held in Madras from 18th September to 25th September, 1992. On 11.9.92 she was informed by the opposite party's office at Madras about the arrival of the consignment and when the complainant went to take delivery on 15.9.92, the opposite party delivered only packages. The value of the articles in the missing package is Rs.29,495/and it contained all the choicest pieces which formed an integral part of the other 3 packages. The complainant sent a letter dated 18.9.92 to the opposite party to deliver the missing package. By its reply dated 22.9.92 the opposite party pleaded that the package must have been over carried to some other destination or should have been mixed up and that it was making best efforts to locate and deliver the said package. The package was not however delivered. Hence this complaint claiming the value of the consignment, proportionate bank charges, proportionate freight charges, gross margin at 66%, 50% of the margin of goods not sold due to the non-availability of the missing package, advertisement charges, damage due to loss of credibility and interest in all Rs.1,41,123.45.

(3.) The opposite party did not dispute the non-delivery of one package. It contended however that the complainant was not entitled to claim anything more than the value of the package namely Rs.29,495/the other claims are false and fanciful