PANKAJ UPADHYAY Vs. SHILPA NAGARAJ

JUDGEMENT

(1.) This appeal is by the appellant/opposite party (for short, "o. P. ") challenging the order dated 11.12.2006 passed by the District Consumer Forum, Bangalore Urban IV Additional, in Complaint No.2531/2006 by which the District Forum has allowed the complaint directing the O. P. to pay a sum of Rs.35,000 as compensation with interest on the ground that the passport and VISA sent by the O. P. to the respondent/complainant was not delivered to her.

(2.) It is not in dispute that the passport and VISA sent to the address of the complainant was not delivered to her. Therefore, taking into consideration the amount that might have been spent by the complainant and the efforts put in by her to secure the Passport and VISA, in our view, awarding a sum of Rs.35,000 as compensation is just and reasonable.

(3.) The learned Counsel appearing for the O. P. submitted that under Clause 9 (g) (i) of the Agreement entered into between the Shipper, i. e. , M/s. VFS - US Operations and M/s. Blue Dart, i. e. , the O. P. , the maximum liability to pay compensation in the event if a shipment is lost is only Rs.5,000. The said clause reads thus : "liability of Blue Dart for any loss or damage to shipment attributed to Blue Dart and pertaining to Domestic carriage of shipments is as under : (i) in case of Domestic Priority/surface/apex Products, Blue Dart's maximum liability is limited to Rs.5,000 or cost of reconstruction or actual Invoice Value whichever is lower, for shipments which are not insured. " The above said contract is between M/s. VFS - US Operations and M/s. Blue Dart, i. e. , the O. P. , which undertook to deliver the passport and the VISA to the complainant. The complainant is not a party to the said contract. Therefore, any contract between M/s. VFS-US Operations and M/s. Blue Dart is not binding on the complainant. In order to get a fresh Passport and VISA or duplicate Passport and VISA the complainant is required to spend considerable amount. The complainant is a resident of Bangalore. In order to get the passport and the VISA she is required to go to Chennai. This also requires spending of certain money. Further, the time that may be consumed for the purpose of getting the passport and the VISA will result in delay in her going to USA. Therefore, taking all these facts into consideration, the compensation awarded by the District Forum is just and reasonable. Hence, we find no reason to interfere with the impugned order.