PER MR.B.S.WASEKAR, HON’BLE PRESIDENT

1)      The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986. According to the complainant, the complainant had booked consignment with the opponent on 20^th December, 2012 for their customer M/s. Plastic Udyog Private Limited at Nepal.  The opponent issued invoice in favour of the complainant.  The consignment was not received by the customer.  It was brought to the notice of the opponent.  The opponent told that the parcel was booked on 21^st December, 2012 by train.  As the consignment was not reached to the customer, the complainant issued letter dated 14^th March, 2013.  It was replied by the opponent vide letter dated 18^th March, 2013.  It was informed that the consignment was stolen in the transit.  The complainant suffered loss due to deficiency in service on the part of the opponent.  Therefore, the complainant has filed this complaint for the recovery of loss of Rs.68,900/- with interest.  The complainant also claimed compensation of Rs.1 Lakh towards mental agony and Rs.20,000/- towards cost of litigation.

2)                The opponent remained absent though duly served.  Therefore, the matter is proceeded exparte against the opponent. 

3)                The complainant filed affidavit of evidence and produced the copies of documents showing that consignment was booked with the opponent.  In the invoice, price of consignment is mentioned.  It is Rs.68,900/-.  The complainant paid charges to the opponent.  The opponent was liable to deliver the consignment in good condition to the customer.  According to the complainant, the consignment was stolen due to negligence of the opponent.  The evidence produced by the complainant is not challenged by the opponent.  Therefore, it is accepted.  The evidence on record show that the consignment worth Rs.68,900/- was booked with the opponent.  The opponent failed to delver it to the customer of the complainant.  Therefore, the opponent is liable to reimburse the complainant.  As the consignment was not reached to the customer of the complainant, the complainant suffered from mental agony. Therefore, the complainant is entitled for compensation.  The complainant has claimed compensation of Rs.1 Lakh.  We think, it is excessive.  The compensation of Rs.10,000/- will be the reasonable compensation.  Besides, this complaint is entitled for cost of litigation of Rs.5,000/-.  Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed.
2. The opponent is directed to pay Rs.68,900/- (Rs.Sixty Eight Thousand Nine Hundred Only) to the complainant with interest at the rate of 9% per annum from the date of filing of this complaint i.e. 20th December, 2013 till realization.
3. The opponent is also directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant as compensation for mental agony. 
4. The opponent is further directed to pay Rs.5,000/- (Rs.Five Thousand Only) to the complainant as cost of this litigation.
5. The above order shall be complied with within a period of one month from today.
6. Copies of this order be sent to the parties free of cost.

Dictated & Pronounced on 7^th January, 2016