NAGPUR GOLDEN TRANSPORT COMPANY LTD Vs. VISHWABHARTI STORES

JUDGEMENT

(1.) In this revision, challenge is to the order dated 7.2.1996 of Consumer Disputes Redressal Commission Maharashtra State, Mumbai dismissing appeal against the order dated 15.1.1994 of a District Forum whereby petitioner was directed to pay total amount of Rs. 47,000 to the respondent within two months from the date of receipt of copy of the order failing which it was liable to pay interest @ 18% p.a. on the said amount.

(2.) Respondent/complainant alleged that on 28.6.1991 it booked a parcel under receipt No. 2145 through the petitioner/opposite party for being delivered to Wanloss Hospital, Miraj. On parcel not being delivered to the hospital the respondent filed complaint seeking direction to the petitioner either to return the booked parcel or compensate the value thereof of Rs. 42,000 and other consequential reliefs. In the written version, it was pleaded by the petitioner/opposite party that Vaishali Travels/Vaishali Enterprises are the sub-agents of petitioner and parcel was endorsed to the sub-agents. Though various attempts to trace out the parcel were made but it could not be traced. It was denied that the value of parcel was Rs. 42,000 as alleged.

(3.) Submission advanced by Mr. Ajit S. Bhasme for petitioner is that the value of parcel as Rs. 42,000 was not pre-declared nor the parcel was got insured for that estimated value by the respondent. Terms contained in the receipt filed along with the affidavit of Shyam Sunder R. Kalantri, Managing Director of petitioner constituted a contract between the parties. Liability for loss of the parcel in question under the terms was restricted to Rs. 50. In support of the submission, strong reliance was placed on the decision in Bharati Knitting Company v. DHL Worldwide Express Courier Division of Airfreight Ltd., II (1996) CPJ 25 (SC). Under the said receipt the liability for loss of a booked parcel is limited to Rs. 50 only. Said decision supports the submission in regard to the liability of petitioner being restricted only up to Rs. 50 in this case. Amount as awarded by the District Forum includes the value of booked parcel as Rs. 42,000 which is to be reduced to Rs. 50. Order passed by the State Commission, thus, deserves to be modified to that extent. Interest will be payable on this modified amount. Order accordingly. Revision petition stands disposed of. No order as to cost. Revision Petition disposed of.