Karnataka

Bangalore 4th Additional

CC/10/2788

Digicomp Complete Solutions Ltd A Company Incorporated under the Companies Act - Complainant(s)

Versus

Fedex Cargo Claims Department Chemtex House - Opp.Party(s)

Sri. Jai.M. Patil J.S.

25 Jan 2011

ORDER

BEFORE THE 4TH ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.8, 7th Floor, Shakara Bhavan,Cunninghum, Bangalore:-560052
 
Complaint Case No. CC/10/2788
 
1. Digicomp Complete Solutions Ltd A Company Incorporated under the Companies Act
Having its Office at #80/1, 1st Floor, Sri Karpaka Vinayakar Complex, 1st Main Road , 3r Cross, New Timber Yard layout, Mysroe Road, Bangalore-560026. Represented by its Authorized person Mr. Saravana
Bangalore
Karnataka
...........Complainant(s)
Versus
1. Fedex Cargo Claims Department Chemtex House
Hiranandani garden Powai, Mumbai-400076. Rep by Mr. Amit Patel
Mumbai
Mumbai
............Opp.Party(s)
 
BEFORE: 
 HONORABLE Sri D.Krishnappa PRESIDENT
 HONORABLE Ganganarsaiah Member
 HONORABLE Anita Shivakumar. K Member
 
PRESENT:
 
ORDER

Heard the counsel for the complainant regarding maintainability of this complaint.  The complainant claimed to had sent a consignment worth Rs.1,93,772/- from a service provider from Bangalore to Hong Kong via Bombay but the Bangalore branch to whom the consignment was entrusted and consideration was paid is not made as a party.   No documents including any bill or receipt issued by the party at Bangalore for receiving consignment and transportation charges is produced.   Absolutely, no material is placed before us to prove that any consignment was entrusted in Bangalore and was to be sent from Bangalore.   The counsel for the complainant is not in a position to invite our attention to any such documents.  Op is one who is carrying on its business at Bombay.  Therefore, the counsel has not convinced how this complaint is maintainable before this forum.

 

             Complainant is carrying on business of import and export of computers and computer equipments and even the counsel argued that the complainant imports computers and also spare parts for selling them in Bangalore which in our view is nothing but a commercial activity.   As such complaint is not maintainable under the provisions of the act.   Therefore, the complaint on this ground is held as not maintainable and therefore is dismissed at the stage of admission.

 

 
 
[HONORABLE Sri D.Krishnappa]
PRESIDENT
 
[HONORABLE Ganganarsaiah]
Member
 
[HONORABLE Anita Shivakumar. K]
Member

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