LAWS(NCD)-2003-5-26

D R ENTERPRISES Vs. NATIONAL INSURANCE CO LTD

Decided On May 23, 2003
OSURI DEVENDRA PHANIKAR Appellant
V/S
DESK TO DESK COURIERS AND CARGO LTD. Respondents

JUDGEMENT

(1.) Petitioner was complainant before the District Forum. His complaint was that he sent a consignment containing some important papers to his son who was studying in Class XII at Chennai. Complainant himself is a resident of West Godavari District in Andhra Pradesh. Consignment was sent through the opposite party named as 'Desk to Desk Couriers and Cargo Limited'. The consignment did not reach his son and accordingly, complainant lodged a complaint to District Forum.

(2.) On the basis of the consignment note District Forum awarded to the complainant the compensation of Rs. 100/- and cost of Rs. 100/-. Against this order, complainant filed appeal before the State Commission claiming enhancement and compensation in cost. The appeal was dismissed. Aggrieved complainant has come before us.

(3.) It has been pointed out by Mr. Nitinjya Chaudhry, Advocate that there is an error in the exercise of jurisdiction by the District Forum as well as by the State Commission. He said the case of complainant is covered in the case of Tate Chemicals Ltd. v. Skypak Courier Pvt. Ltd., O.P. 66 of 1992, decided on 14.12.2001. It is quoted as II (2002) CPJ 24 (NC).