DOARS TRANSPORT LIMITED Vs. LARK LABORATORIES (INDIA) LTD
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Doars Transport Limited
Lark Laboratories (India) Ltd
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(1.) ON account of failure of the appellant in neither delivering the consignment of medicines booked by the respondent for delivery at Calcutta to Assistant Director, General Medical Stores nor returning the same to the respondent inspite of repeated requests the appellant has been vide impugned order dated 10.8.1999, passed by the District Forum, directed to refund the cost of the medicines amounting to Rs. 49,904.40p. with 15% interest and pay Rs. 1,000 as costs of litigation.
(2.) FEELING aggrieved the appellant has directed this appeal.
(3.) ADMITTEDLY , the consignment was booked with the appellant in February, 1994 but according to the appellant the delivery could not be made to the consignee as the Sales Tax Authority did not permit the appellant to proceed further for want of complete documents and, therefore, there was no deficiency in service on the part of the appellant.
Inordinately long time taken by the appellant in intimating the respondent for collecting the goods amounts to grossest kind of deficiency in service as defined by Section 2(1)(g) of the Consumer Protection Act which means:
"Deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.";
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