Kerala

StateCommission

A/363/2017

VENKAT SUBRAMONIAN - Complainant(s)

Versus

BUSTAN(BPL) EXPRESS CARGO - Opp.Party(s)

PARTY IN PERSON

08 Aug 2017

ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL NO.363/17

 

JUDGMENT DATED:08.08.2017

 

PRESENT : 

HON’BLE JUSTICE SHRI. S.S. SATHEESACHANDRAN: PRESIDENT

SHRI.V.V.JOSE                                                                     : MEMBER

 

Mr. Venkat Subramonian.A,

C/o.7-24(5-17), Statue Homes,

Statue Tower, M.G.Road,                                                             : APPELLANT

Statue Junction, Thiruvananthapuram.

 

            Vs.

 

M/s BPL Cargo & Courier Service Agency,

Rural Thamarassery, Parappanpoyil P.O,

Odakkunnu, (Facing Petrol Station),                                         : RESPONDENT

Kozhikkode-673 573, Kerala,

 

 

JUDGMENT 

 

 

HON’BLE JUSTICE SHRI. S.S. SATHEESACHANDRAN :  PRESIDENT

Complainant is the appellant.  His complaint numbered as CC.8/16 over the loss of cargo transported through the opposite party was allowed by the District Forum directing for return of the missing items within one month or else to pay compensation of Rs.14,00,000/- with  cost of Rs.2500/-.  He was also awarded interest at the rate of 12% on the compensation awarded till realisation.  Execution proceedings over that order is now in progress before the District Forum.  Complainant has filed this appeal alleging that in view of the noncompliance of the order within the time specified by the District Forum he is suffering damages, and therefore, entitled to further compensation. Appellant present in person submitted before us that the interest awarded in the event of default by opposite party to pay the compensation is grossly inadequate and the claim raised in his appeal for enhancement of compensation has to be considered and allowed.

2.      Appellant has no grievance against the order passed by the District Forum. It appears whatever claim set up by him was granted by the District Forum allowing his complaint.  Default in honouring the order by the opposite party will not confer any right on the complainant to claim excess compensation.  His remedy is to enforce the order and, admittedly execution proceedings are pending.  The District Forum exercising its discretion has granted 12% interest on the sum awarded, if default is committed by opposite party to pay the sum within the period of one month from the date of the order.  There is no merit in the appeal, and it is dismissed as not admitted.

 

JUSTICE S.S. SATHEESACHANDRAN: PRESIDENT

 

 

V.V.JOSE  : MEMBER

 

VL.