V P SHARMA Vs. FEDEX

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as the "State Commission") in Appeal No. 48/2016 dated 17.01.2019.

(2.) The Petitioner/Complainant stated in his Complaint that he handed over a carton 50 pcs of Gun metal bushes to Mr. Mathew Kurien of M/s Samuelsons, Opposite Party No.4 along with cash payment of Rs. 11,400/- for the services of door delivery of cargo by air to the buyer of the Petitioner, namely Aluworks Ltd. in Ghana. Opposite Party No.4 handed over the cargo to Opposite Party No.3, who in turn handed over the same to Opposite Party No.2. Opposite No.2 again handed over the cargo to the Respondent, vide airway bill dated 15.02.2012. It was further stated, vide letter dated 16.04.2012, that the Respondent sent the cargo to the airport but the carton was never delivered to the buyer of the Petitioner in Ghana. It was lost during Respondent's custody in the warehouse at the airport in Ghana. On 05.06.2012, the Petitioner submitted claim for US dollar 3000 to the Respondent, which was also acknowledged by Opposite Party No.2, but no response was received, despite notices on 23.07.2012 and 07.08.2012. Hence, the Complaint was filed.

(3.) The notices were issued against the Respondent as well as Opposite Parties but the Respondent and Opposite Party No.2,& 3 failed to turn up, despite service of notices. Hence, on 04.04.2013, they were proceeded ex-parte. Opposite No.4 only contested the present Complaint and filed written statement. Opposite Party No.4 contended that the Petitioner and Opposite Party No.3 were having a direct deal and Opposite Party No.4 was not liable. It was contended by Opposite Party No.4 that as per the instructions of the Petitioner, Opposite Party No.4 had handed over the cargo to Opposite Party No.3, vide receipt No. 008, dated 15.02.2012 in favour of the Petitioner. Opposite party No.3 handed over the carton to Opposite Party No.2 vide receipt NO. A/L/COU-7362, dated 20/02/2012, who again handed over the cargo to the Respondent, vide Airway Bill No. 516292810870, dated 15/02/2012. It was the Respondent, who handled the cargo by Air.