P ORR AND SONS P LTD Vs. BLUE DART EXPRESS LTD

JUDGEMENT

(1.) The 1st complainant has sent 272 watches in 4 cartons through the opposite party to their consignee at Calcutta from Madras. According to the 1st complainant, there was delay in delivery and there was short delivery by 214 watches. The value of the said watches is Rs.5,58,324.70 P. The 1st complainant made a claim for this amount with the opposite party, but the opposite party repudiated the claim. The 1st complainant had earlier insured the said watches with the 2nd complainant Oriental Insurance Company Ltd. On a claim made with the 2nd complainant, they paid the said sum of Rs.5,58,324.70 P. and obtained a subrogation letter from the 1st complainant. The 2nd complainant also made a claim for the said sum with the opposite party, but that also was not respected. Alleging deficiency in service on the part of the opposite party, the complaint has been filed.

(2.) The opposite party contend that there was some delay but that was due to the reason that originally the carton was to be sent through air, but later it was sent through surface transport and that was due to unforeseen circumstances and hence there was no fault or delay on their part. Then, regarding the allegation of short delivery, it is contended that they delivered the entire consignment of four cartons to the consignee and they were not informed then and there about any short delivery and therefore the claim of short delivery is false. Hence the opposite party are not liable to pay any amount to any of the complainants.

(3.) The point that arises for consideration is whether there was any deficiency in service on the part of the opposite party and if so, what relief can be granted to the complainants.