BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD

F.A.No.18 

Between:

1.  ANL Parcel Service,
rep. by its Vice President/Managing Director

D.No.5-9-30/1/5-B, Road No.4, Basheerbagh
Palace Colony, Hyderabad-063

2.  ANL Parcel Service
rep. by its Agent, Bust Stand Branch
Bus Stand Premises, Peddapalli                                                             

D.Manga Rao S/o Madhava Rao
Managing Partner, Sri Rama Pesticides
Seeds & Company, Shankar Gunj, Peddapalli Town
And Mandal of Karimnagar District

                                                       Counsel for the Appellant             

Counsel for the Respondent          

QUORUM:  

                       SRI THOTA ASHOK KUMAR, HON’BLE MEMBER

WEDNESDAY THE TWENTY SECOND DAY OF MAY      

Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)

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1.`50,000/-towards compensation with interest @ 9% p.a. and costs.

 2.   `72,000/- through the appellant `72,000/- towards value of cotton seeds and notice dated 18.11.2010 for which the appellant issued reply stating that they are making enquiry into the matter. The respondent claimed a sum of`1,94,000/- towards cost of the seeds and compensation and costs.

3.    `72,000/- and the respondent had not declared the value of goods on the consignment note. As per the terms of the consignment note, in case of loss of consignment, the appellant is liable to pay a sum of`5/- per kg and the appellant is ready to pay the amount @`5/- per kg.

4.     

5.     `50,000/- towards value of goods and interest thereon.

6.    

7.    

8.    

9.      

“8.         

10.    

11.           `72,000/- was sent to Varalaxmi Seeds & Company, Huzurabad and the proprietor of Varalaxmi Seeds demanded him to send the seeds or return the amount paid to the respondent and the respondent returned the amount paid by proprietor of Varalaxmi Seeds and thereby the respondent sustained huge loss in its business and

12.           `5/- per kg in case of loss or damage to the parcel. Clause reads as under:

“I/we agree to all the conditions mentioned overleaf of Forwarding Note and of this consignment Note copy and in the event of loss of/damage to the parcel, our claim shall be limited to Rs.5/- per Kg. of Actual Weight.”

13.           `5/- per kg in case of loss of goods in transit. The paragraph reads as follows:

       “10.    

14.   `50,000/- towards the value of the seeds which were lost in the transit which arbitrary and against the settled law. 

15.            

 16.  `5/- per kg. The order of the District Forum granting the amount of`50,000/- by rewriting the terms of contract is arbitrary and against the principle laid in the aforementioned decision. As such the amount awarded by the District Forum is liable to be modified to`5/- per kg.

17.    

                                                                                                                                                                                                                                                                                                                                                                                                                                                                          కె.ఎం.కె.*