MANAGER, OM LOGISTICS LIMITED Vs. NAVEEN ANCHALIA

JUDGEMENT

(1.) The complainant, who was carrying business under the name and style of In-Gen Motors, in order to earn is livelihood, entrusted a consignment containing 90 carburetors to the petitioner/opposite party for being delivered to Rekha Agriplas Ltd. at Kanak Durga Talkies Road, Vijaywada. A consignment note dated 18-10-2012 was issued by the petitioner to the complainant. The consignment, however, did not reach the consignee and the matter was also reported to the police. A letter dated 18-12-2012 was then sent by the complainant to the petitioner through counsel, complaining about non delivery of the goods. The said letter, however, did not yield any response from the petitioner, leading to the complainant approaching the concerned District Forum by way of a complaint, seeking either return of the goods or payment of a sum of Rs.1,33,110/- being price of those goods along with compensation amounting to Rs.10,00,000/-.

(2.) The complaint was resisted by the petitioner company inter alia on the ground that the complainant should approach the Civil Court for redressal of his grievance, if any. On merits, the opposite party/petitioner did not dispute that the consignment containing 90 carburetors was booked with it by the complainant for being delivered to Rekha Agriplas Ltd. at Vijaywada.

(3.) Vide order dated 24-04-2014 the District Forum directed the petitioner company to pay a sum of Rs.1,33,110/- to the complainant along with compensation amounting to Rs.25,000/-. The petitioner was also directed to pay punitive damages to the extent of Rs.20,000/- for adopting unfair trade practice and deceiving the complainant.