Dr. Subir Kumar Chaudhuri ,Member

                        Smt. Sharmi Basu ,Member

Order No.   18    Dated  30/01/2013.

            The case of the complainant in short is that complainant is engaged in import of various items from Overseas Countries including Malaysian Round Logs and carrying on their business to earn their livelihood only at the address as mentioned in the cause title of the complaint petition.

                O.p. no.1 is the shipping company carrying on business in India through its local agents M/s. B. Bhoses & Co. Pvt. Ltd.  O.p. no.2 is an insurance company carrying on business through its settling agents M/s. Gladstone Agencies Ltd.

                On 28.8.05 o.p. no.1 received on Board the Ship M.V. “STAR 9” V.06/05 a consignment of 276 pcs. of Malaysian Round Logs Batu, all the properties of the complainant for safe transportation from the port of Sarawak Malaysian Port to the Port of Kolkata or near upto and to be delivered in the like order and condition to the shippers and their assignees / agents and accordingly, o.p. no.1 as a token thereof and as accepted and issued a Clean Bill of Lading vide No.C 1.3 (EBP26457) dt.28.8.05 Ex. SARAWAK MALAYSIAN PORT to KOLKATA PORT in acknowledgement of the receipt of the said consignment for carriage and delivery of the consignment as aforesaid.

                Complainant was the owner of the said consignment of 276 pcs. of Malaysian Round Logs Batu as per invoice no.FSU05/44753 dt.22.9.05.

                The said vessel under Import Rotation No.1503/05 and Line No.08 arrived at Kolkata Port ex. S.S. “STAR 9” V.06/05 on or about 15.9.05 and thereafter started discharge Her cargo on and from 18.9.05 at 14 N.S. Dock, Kolkata. The complainant appointed surveyors M/s. United Surveyors, Kolkata-16 who are also enlisted surveyors of Kolkata Port Trust and on assessment it ws noticed that out of 276 pcs. of Malaysian Round Logs Batu as per in voice no.FSU05/44753 dt.22.9.05, only 273 pcs. of Malaysian Round Logs Batu were discharged ex. Vessel “STAR 9” V.06/05. Therefore, 3 pcs. of Malaysian Round Logs Batu were shortlanded ex. Vessel M.V. “STAR 9” V.06/05 at Kolkata Port. Th e said surveyors also issued “To Whom It May Concern” certificate on 31,.1.06 mentioning 3 pcs. Malaysian Round Logs Batu shortlanded ex. Vessel “STAR 9” V.06/05.  Subsequently, Kolkata Port Trust also issued one certificate commonly known as “B” Form on 20.1.06 on behalf of the o.p. n o.1 mentioning that out of 276 pcs. of Malaysian Round Logs Batu landed only  273 pcs and 3 pcs. were shortlanded ex. Vessel. As a result the complainant suffered loss to the tune of Rs.1,07,859/-. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

                O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:

                We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant being owner of consignment of 276 pieces of Malaysian Round Logs Batu as per invoice no.FSU5/44753 dt.22.9.05. But when the said vessel arrived at Kolkata Port on 15.9.05 it was found 273 pieces were received by complainant and 3 logs were found missing which entailed loss of the complainant of Rs.1,07,859/-.       In view of the above position and on perusal of the entire materials on record we are of the opinion that o.ps. had sufficient deficiency being service provider to its consumer / complainant and complainant is entitled to relief.

                Hence, ordered,

                That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to make payment of Rs.1,07,859/- being the loss of 3 pieces Malaysian Round Logs Batu and are further directed to pay compensation  of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

                Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.

                Supply certified copy of this order to the parties free of cost.