Date of Filing : 20.12.2010
Date of Order : 30.11.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 30th day of November 2011
PRESENT
Sri. H.V.RAMACHANDRA RAO …. President
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 2960/2010
M/s SM Electronic Technologies Pvt. Ltd.,
No.1790, 5th Main, 9th cross,
RPC Layout, Vijayanagar IInd Stage,
Bangalore 560 040
(In person) ……. Complainant
V/s.
1. Mr.Ajith Kelath, Depot Manager,
TNT India Private Ltd.,
9/1, Shri Prashanth Complex,
P.Kalinga Rao Road(Mission Road),
Bangalore 560 027.
2. Mr.Ranganatha K.R.,
TNT India Pvt. Ltd.,
3rd cross, West CT Nagar, Nandanam,
Chennai 35.
(By Advocate M/s Harsha & Co.) ….Opposite Parties
ORDER
(By the President Sri. H.V.RAMACHANDRA RAO)
The brief antecedents that led to be filing of the complaint under section 12 of the Consumer Protection Act Seeking direction to pay Rs.15,50,000/- are necessary:
1. The complainant is in the business of electronics. On 30.04.2010 as per the purchase order worth US dollars 1170/- with the consignors, who consigned the materials with the counter part of the OP at Australia on 11.5.2010 and to be delivered by the OP ar Bangalore to the complainant. As the materials not delivered by him, complainant made several request with the OP in this regard and also wrote letters. The OP ultimately stated that they had lost the material and tendered only Rs.3,962/- which the complainant refused. The complainant was made to pay Rs.5,50,000/- to the vendors of the material. The complainant made several request in this regard with the OP. The OP refused to pay. Hence the complaint.
2. In brief the version of the OP are:
Receipt of the goods, its non delivery to the complainant, tendering of the amount are all admitted. The complainant is not a consumer. This is not a consumer dispute, as per the clause 12 of the terms conditions of the consigners, clause 12, 19, 13.1, 14, the OP is not liable to pay the amount. Hence the complaint be dismissed.
3. To substantiate their respective cases the parties have filed their respective affidavits the OP filed written arguments.
4. The points that arise for our consideration are
A) Whether there is deficiency in service ?
B) What order ?
5. Our answers are:
A) Positive
B) As per the detailed order for the following
REASONS
6. Reading the pleadings in conjunction with the affidavits and documents on record it is an admitted fact that the complainant had purchased certain materials for US Dollors 1170-00, which the manufacturers has sent it through the OP by paying certain amount. The OP has not delivered the material to the complainant and stated that it had lost the material. When the material sent for transportation and the OP received the material, it was bounden duty of the OP to deliver the material to the person to whom it should have to deliver. Non-delivering amounts of it amounts deficiency in service. Further here the OP has not been engaged by the complainant or by the vendor for any commercial purposes. They have been engaged for transporting material from Australia to Bangalore. Hence this is not a commercial transaction as rightly contended. The OP has been paid for transporting the goods that is all. Hence the complainant has purchased the service of the OP and he is a consumer.
7. Now we have to see what is the compensation that has to be paid. Here the complainant has put to a loss of Rs.55000/- because of the negligence and deficiency in service by the OP. The complainant has also been put to mental agony, torture by the vendors of the material, that to occasion because of the negligence of the OP. The consignment note is in very small print, those clauses are not easily readable. Even otherwise because of the negligence and deficiency in service, the complainant has come before this forum. The complainant is not seeking to enforce the contract as per the contract Act. Hence we have to see what are the damages caused to the complainant and that has to be reimbursed to the complainant. Hence under these circumstances we hold the above points accordingly and pass the following:
ORDER
1. Complaint is allowed in part.
2. The OP is directed to pay to the complainant a sum of Rs.60,000/- within 30 days from the date of order.
3. OP is also directed to pay Rs.2000/- as cost of the litigation to the complainant.
4. OP is directed to send the amount as ordered at No. 2 and 3 above to the complainant by DD through RPAD and submit to this Forum a compliance report within 45 days from the date of this Order.
5. Return the extra sets to the concerned parties as under regulation 20(3) of the consumer Protection Regulation 2005.
6. Send copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 30th day of November 2011.
MEMBER PRESIDENT
