CALCUTTA PORT TRUST Vs. APOLLO ENGINEERING CO LTD

JUDGEMENT

(1.) FIRST Appeal No. 48/94 is directed against the Order dated 30.11.93 of the West Bengal State Commission at Calcutta in S.C. No. 242/0/93 allowing the complaint and directing the first opposite party to refund a sum of Rs. 14.942/ - and the third opposite party to refund an amount of Rs. 11,200/ - to the complainant within 30 days from the date of communication of the Order.

(2.) THE facts lie in a very narrow compass and may be noticed. The complainant, who is respondent No. 1 before this Commission, had imported tin plates from abroad. The goods arrived by ship and were landed at N.S. Docks of the Calcutta Port Trust on 28th November, 1992. The said goods which were in containers were immediately stacked at the container parking yard at Calcutta Port Trust. It must have taken some time for the retirement of the bills and other documents and thereafter the curfew and Section 144 prevailed in the area from 7.12.92 to 13.12.92. The relevant delivery documents were filed on behalf of the complainant by their Clearing and Forwarding Agent on 16th of December, 1992. Opposite party No. 1, who is respondent No. 2 before this Commission, approached Calcutta Port Trust on 18th December, 1992 for arranging removal of the said goods from the Container Parking Yard to the destuffing point and obtained Entry Gate Pass on 18th December, 1992. The cargo was ultimately delivered to the complainant's transporter M/s. Popular Shipping Agency on 26th December, 1992. The appellant who was the opposite party No. 3 before the State Commission recovered a sum of Rs. 11,200/ - being the port rent charges/ demmurage for the period between 7th December, 1992 and 13th December, 1992. The complainant had also paid rental charges as well as demmurage at slab rate for detention of the container of the first opposite party let out to the complainant.

(3.) ON being noticed the appellant herein admitted that a sum of Rs 11,200/ -being the Port rental charges/demmurage for the period 7.12.92 to 13.12.92 was recovered. It was submitted that uncertainty prevailed in the country between 8th December and 11th December, 1992 following the 6th December, 1992 communal incident and Calcutta Port Trust Authorities appreciated the facts that such disturbances could cause inconvenience to parties seeking to obtain delivery of crgo from the Docks during the said period. In view of the above, a decision was taken by the Calcutta Port Trust Authorities relating to remission of demurrage for 4 days namely 8th December, 9th December, 10th December and 11th December, 1992 which was sanctioned by the Trustees, under Resolution No. 293 dated 22.12.92. One of the conditions laid down was that import consignments which landed in the Port earlier and for which full delivery documents were filed within 14th December, 1992, no demmurage would be recovered for 4 days namely 8,9,10 and 11th December, 1992. It was further decided that the import consignments which landed earlier but no delivery documents had been filed within 14th December, 1992 would not qualify for any waiver of demmurage charges for the aforesaid period. The Calcutta Port Trust Authorities, according to the appellant, acted strictly on the basis of the said decision and thus there was no deficiency in service on their part.