FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
The case of the Complainant, in a nutshell, is that the Complainant is engaged to import the cargo goods of Welding Machine under trade name of “Advance Machine Tools” and provide service to reputed industries for the purpose of earning livelihood. The OP is a Carrier / Shipping Line Company. The Complainant appointed the OP as a carrier to bring cargo of machinery in 07 intact pallets. But goods were delivered at Kolkata airport in broken pallets partially damaged condition and the cartoons were also loose. Immediately the Complainant sent photographs of the said goods to the representatives of the OP through WhatsApp. The OP pressurize the Complainant to take the delivery of the damaged cargo and due to urgency the Complainant took delivery of the loose cartoons. But after testing the materials inside her own factory the Complainant noticed the 25 cartoons were physically damaged and 15 items damaged from inside. Therefore the OP is liable for non-delivery of 07 intact pallets of cargo goods to the holder of a Bill of Landing. Moreover as long as the goods are in the custody of a carrier, it is the duty of the carrier to take due care as he would taken of his own goods safely, undamaged and without loss at the destination. Indicated by the consignor and he would be liable for loss or damage caused to the goods on account of his own negligence. OP was supposed to deliver the goods within 30 March, but ultimately the OP had dispatched the cargo goods from Shanghai Port on 06/04/2021and issued Bill of Landing. In total delay the cargo goods reached Kolkata Port almost after 15 days delay. For which the Complainant faced a loss about Rs.1 lakhs. The Complainant relied upon the OP and entrusts the cargo of $17,100/-. But the OP delivered the goods at a belated stage with partially damaged condition. Therefore the complainant knocked the door of this Commission praying relief/reliefs.
OP despite service of notice of the Complaint have failed to file Written Version within the limitation provided u/s 38(2) of the Consumer Protection Act, 2019.Therefore, right of the OP to file W.V is closed and the case has proceeded ex parte against the OP.
Complainant has filed his evidence by way of affidavit supporting the allegations made in the complaint.We have carefully examined the entire materials on record including the E/Chief of the Complainant and documents. We have also given a thoughtful consideration to the argument advanced by the Complainant.
On scrutiny of the record it is found that on 19.07.2023 Ld. Advocate for the OP appears by filing Vakalatnama along with a Petition for acceptance of WV which was registered as MA/376/2023 and the same was rejected.
On perusal of the documents of record furnished by the Complainant it is noticed that photocopies of the COMMERCIAL INVOICE and PACKING LISTdated 10/12/2020issued by the SHANGHAI TAYLOR WELDING MACHINE CO.,LTD. show that 246 WELDING MACHINE bearing HS CODE: 8515390000in 7 Packages were sent to M/s Advance Machine Tools which is owned by the Complainant at a total cost of $17,100. Photocopy of the Bill of Landing dated 06/04/2021 reveals that said Goods were loaded on Ship of the OP through logistic service provider AMASS FREIGHT INTERNATIONAL CO., LTD. SHANGHAI from SHANGHAI PORT and was to be discharged at CALCUTTA PORT and the OP was mentioned as DELIVERY AGENT in the said Bill of Landing dated06/04/2021. But the SHANGHAI TAYLOR WELDING MACHINE CO.,LTD. and AMASS FREIGHT INTERNATIONAL: CO., LTD, SHANGHAI are not party in this instant case .
Therefore, in our considered view, the instant case is a bad for non-joinder of necessary parties. As such, we are not inclined to consider the Complaint Petition.
Hence, The Complaint Petition is dismissed on ex parte without any cost.
