Date of filing : 15-09-08<br /> Date of order : 29-11-08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD,<br /> CC.170/08<br /> Dated this, the 29th day of November 2008<br /> PRESENT<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER<br /> <br /> Baby.K,<br /> W/o.C.Kunhiraman,<br /> Chandanadukkam House, } Complainant<br /> Karadukka.Po, Kasaragod.Dt, <br /> Pin: 671542.<br /> <br /> M/s Professional Couriers,<br /> (Domestic, International & Cargo), } Opposite party<br /> 106, Teeyem Complex, Old Bus Stand,<br /> Kasaragod. 671 121.<br /> (Adv.Abdul Jamal, Kasaragod)<br /> O R D E R <br /> SRI.K.T.SIDHIQ, PRESIDENT<br /> <br /> Complaint is against the deficiency in service of the opposite party alleging loss of documents sent through the opposite party who is indulged in courier service. According to complainant she sent the documents like Transfer Certificate, Conduct Certificate, Community Certificate of her son Ajith to Dr. Kanakasabapathi, Muthiaah Nagar, Annamalai Nagar, Chidambaram, Tamil Nadu, but the said articles were not delivered. As a result complainant and her son suffered very much and her son lost the donation of Rs.25,000/- he remitted for joining in BSc Agriculture course in Annamalai University campus. However, her son managed to obtain a seat for which he has to pay an additional sum of Rs.25,000/-. Hence the complaint alleging deficiency in service on the part of opposite party.<br /> 2. Opposite party resists the claim. But they admits the entrustment of cover and its loss during transit. According to Opposite party as per terms and conditions of consignment liability of opposite party is limited to Rs.100/- only per consignment for any cause. The complainant had agreed and signed admitting the terms and conditions.<br /> 3. Both sides heard. Ext.A1 the courier consignment receipt is produced. Exts B1 & B2 marked on the side of Opposite party. Ext.B1 is the carbon copy of Ext.A1. Ext.B2 is copy of courier Manifest.<br /> 4. Law on this subject is settled in view of the decision of Hon’ble Supreme Court reported in Bharathi Knitting Company v. DHL World Wide Express Couriers. 1996 CTJ 557 (SC)(CP). The same view was affirmed by the Hon’ble NCDRC in RP No. 2725/2008 order passed on 8-8-2008.<br /> 5. As per that the couriers liability in case of any loss to the consignment is limited to the terms of contract and it no where stipulate that in the event of loss the courier company has to make good the price of the goods which were lost in transit.<br /> 6. In this case as per the terms of contract the couriers liability is limited to Rs.100/-.<br /> Therefore the opposite party is directed to pay Rs.100/- towards the loss of article sent by complainant to her son along with Rs.1000/- towards the cost of these proceedings. Time for compliance 30 days from the date of receipt of copy of order.<br /> Sd/- Sd/- Sd/-<br /> MEMBER MEMBER PRESIDENT<br /> Exts.<br /> A1. Receipt issued by OP.<br /> B1. Carbon copy of Ext.A1.<br /> B2. Copy of consignment.<br /> <br /> Sd/- Sd/- Sd/-<br /> MEMBER MEMBER PRESIDENT<br /> Forwarded by Order<br /> <br /> SENIOR SUPERINTENDENT<br /> Pj/<br /> <br /> <br />