M/S TRIDEV EXPRESS CARGO Vs. IPSITA SAHA
LAWS(NCD)-2020-2-73
NCDRC
Decided on February 25,2020

TRIDEV EXPRESS CARGO Appellant
VERSUS
IPSITA SAHA Respondents




JUDGEMENT

C Viswanath, J. - (1.) Respondent/Complainant was carrying on cloth business under the name of Bhagwati Boutique. She engaged the services of the Petitioner/Opposite Party for carrying her consignment to different parts of the country. The Complainant booked a consignment containing seven bundles of cloth from Kolkata to Bangalore through the Petitioner on 06.12.2017. Out of the seven bundles of cloth that she booked, the Complainant received six bundles. Complainant sent letters dated 15.12.2017 and 19.12.2017 to the Petitioner requesting delivery of the undelivered bundle, but in vain. Thereafter, she filed a complaint case before the District Forum with the following prayer: - "a. To direct to return one undelivered bundle booked under consignment Note No.1508758 dated 06.12.2017 to your complainant otherwise to pay Rs.1,25,000/- towards cost of the goods contained in the bundle in para 4 of the plaint. b. To direct to pay Rs.30,000/- as compensation for mental agony and harassment. c. To direct to pay Rs.5,000/- as litigation cost. To pass such order or orders as your Honour may deem fit and proper."
(2.) The Complaint was contested by the Opposite Party by filing written statement that the Complainant was not a consumer as defined under Section 2 (1) (d) of the Consumer Protection Act, 1986. Further, the Respondent/Complainant had booked uninsured consignment and had not disclosed the value of goods. The liability of consigner, in a case of uninsured consignment, was limited. There was no deficiency in service and/or unfair trade practice on the part of the Opposite Party and, therefore, the complaint case be dismissed with cost.
(3.) After hearing both the parties and perusing the record, the District Forum allowed the complaint case and ordered as follows: - "That the Complaint case be and the same is allowed on contest against the OPs with litigation cost of Rs.3,000/- (Rupees Three thousand) only. OPs are directed to return one undelivered bundle booked against consignment No.1508758 dated 6.12.2017 to the complainant within 30 days from the date of this order, in default, the OPs shall have to pay Rs.1,25,000/- towards cost of the goods contained in the undelivered bundle to the complainant within the stipulated period. OPs are directed to pay compensation of Rs.10,000/- (Rupees Ten thousand) only to the complainant as compensation for causing mental agony within the stipulated period.";


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