TRACKON COURIERS PVT LTD Vs. SURGITECH SYSTEMS

JUDGEMENT

(1.) Challenge in this Revision Petition, under Sec. 21(b) of the Consumer Protection Act, 1986, is to the order dated 29.08.2011, passed by the Tamil Nadu State Consumer Disputes Redressal Commission at Chennai (in short the State Commission) in First Appeal No. 682 of 2010. By the impugned order, the State Commission has allowed the Appeal in part, modifying the order of the District Consumer Disputes Redressal Forum, Coimbatore (in short the District Forum), by reducing the amount awarded from Rs.1,83,600.00 to Rs.1,00,000.00 and setting aside the interest and the compensation awarded by the District Forum. The State Commission concurred with the District Forum with respect to the aspect of deficiency of service by the Revision Petitioner (hereinafter referred to as the Courier Company).

(2.) The facts, in brief, are that the Complainants in course of rendering services to Medical Practitioners, received an order from Dr. V. Anand, Director of MCV Memorial ENT Trust Hospital, Pollachi and Coimbatore, on 29.07.2008 to supply Mexer 61 DX Single Clip Digital Camera - 1 Set and Sinuscope - 4 mm, 0 Degree - 1 No. In pursuance of the said order, the Complainants procured the subject items from Surgdent Medicare Pvt. Ltd. at Belgaum. As per the order received from Dr. Anand, the said two items were dispatched to him vide Delivery Challan dated 10.09.2008, but Dr. Anand returned the Camera Control Unit, Head, Coupler, BNC Cable, S-Video Cable, User Manual and Pin, Power Card-1 Set. On return of the said items, the Complainants intended to return, the same to the original seller.

(3.) The Complainants averred that they had a tie-up with the Courier Company and, therefore, booked the subject consignment to deliver the same to Surgidect, Pune-46 and paid freight charges of Rs.720.00. It is pleaded that as per the terms and conditions entered into between the Complainants and the Courier Company, the parcel ought to have been sent by Air but it was sent through surface, i.e. by Train, which itself is in violation of their terms and conditions.