In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 331 / 2011.
1) Modern Pet Centre,
86, Sahara Ghosh Para, 2nd Sarani, Kolkata-700133. ---------- Complainant
---Versus---
1) Lufthansa Cargo AG,
55, Jawaharlal Nehru Road, 2nd Floor,
Room no. 27, P.S. Park Street, Kolkata-700071.
2) Lufthansa Cargo AG,
Langer Kornweg 341, D-65451, Keisterbach, Genmany.
3) Podder Air Cargo,
15, Bow Street, Ground Floor, Kolkata-700012, P.S. Hare Street.
4) Just Logistics,
60/1, Sarat Bose Lane, Math Para, Kolkata-700081. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 12 Dated 15/06/2012.
The petition of complaint has been filed by complainant M/s Modern Pet Centre against the o.p. Lufthansa Cargo AG and others. The case of the complainants in short is that complainant on 15.11.10 booked a boxes containing 4000 pieces of live ornamental fishes, from Kolkata to Montreal, Canada valued at Rs.76,728/- and the said consignment was by o.p. no.3 through o.p. no.4 after paying freight charge of Rs.1,00,294/- with o.p. no.1 who turn issued an airway freight bill, dt.15.11.10, bearing no.020.2164 6811. and the said consignments were collected by o.p. no.4 through o.p. no.3 on 15.11.10 and however the shipment was made on 15.11.10 at about 8-00 p.m.
Further case of the complainant is that the total consignment was duly verified and certified by the West Bengal Veterinary Council under the authority of the Ministry of Agriculture, Govt. of West Bengal in accordance with the regulations framed by the concerned authority and complainant handed over the said consignment to o.p. nos.1 and 2 for exporting the same to Montreal, Canada and prior to handing over the said consignment, a joint inspection was carried out by competent surveyors in accordance with the IATA Live Animal Regulations and on the basis on the said confirmation made by the said surveyors the clean Airway Bill has been issued for the said consignment and accordingly the entire consignment was handed over to o.p. n.1 for shipment.
Further case of the complainant is that complainant made the payment to o.ps. the freight charges along with the other charges on pre-paid basis and complainant came to know from their buyers that only five boxes of the said consignment were received by them in good and sound condition and remaining three boxes where totally empty and complainant demanded for issuance of the non-delivery certificate in respect of three empty boxes of the said consignment and also demanded the payment towards loss suffered by them due to such short shipment.
Several correspondences were made on several occasions but ultimately o.p. nos.1 and 2 refused to make any payment towards the damage caused by them.
O.p. nos.1 and 2 had entered their appearance in this case by filing w/v denying all the material allegation labeled against it and prayed or dismissal of the case. O.p. nos.3 and 4 did not contest the case by filing w/v and accordingly matter was heard ex parte against o.p. nos.3 and 4.
Decision with reasons:-
We have gone through the pleadings of the parties and evidence and documents in particular and we find that o.p. nos.1 and 2 had clear deficiency on their part and they cannot open the consignment during transit. Be that as it may and this act on the part of o.p. nos.1 and 2 is a clear deficiency being a service provider to its consumer / complainant and we are of the view that complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest against o.p. nos.1 and 2 with cost and ex parte against o.p. nos.3 and 4 without cost. O.p. nos.1 and 2 are jointly and/or severally directed to pay the cost of those alleged three empty boxes containing 2100 live ornamental fishes amounting of Rs.40,282/- (Rupees forty thousand two hundred eighty two) only and are further directed to issue Loss/ Damager Certificate to that effect. O.p. nos.1 and 2 are further directed to pay compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only to the complainant within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties
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MEMBER MEMBER PRESIDENT
