Date of Filing : 23/05/2014
Order No. 27 dt. 15/03/2018
The case of the complainant in brief is that the complainant for the purpose of his joining in USA and for the purpose of his shifting from Balgalore to his residence at Kolkata engaged o.p. no.1 for packing and engaged o.p. no.2 for transportation of goods. On 31.5.13 o.p. no.1 through his authorized representative checked all the items of the complainant’s household goods, made a list of the same and issued consignment note bearing no.DS1927 dt.31.5.13 for shipment from Bangalore to Kolkata at the complainant’s address. The total packages were 26 in number and total valuation of the goods of the complainant was calculated at Rs.1,20,000/-. The o.p. no.1 issued a receipt of Rs.17,000/- for transportation charge, Rs.300 for escort charge and Rs.1800/- octroi charge. The complainant paid the said amount. On 20.6.13 one Mr. Tarak Roy of M/s Blue Dart Express Ltd. having authorized representative of o.p. nos.2 and 3 delivered the said consignment of the complainant’s household goods and delivered those articles there. After receiving the same it was found that the goods were damaged to a great extent for which the complainant sent a letter demanding the amount of Rs.1,12,000/- from o.ps. and also prayed for compensation and on the basis of the said fact o.ps. did not take any action for which the complainant filed this case praying for direction upon the o.ps. for payment of Rs.1,12,000/- as well as compensation of Rs.2 lakhs and litigation cost.
In spite of receipt of notice the o.p. no.1 did not contest this case by filing w/v and as such, the case has proceeded ex parte against them.
The o.p. nos.2 and 3 contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the consignment being Airway Bill No.50174528950 was duly delivered to the consignee’s address, however, the articles were damaged during transit which are follows: (1) glass top broken, (2) 2 chairs broken, (3) bed broken beyond repair. It was stated that the consignment was booked and packaged by o.p. no.1. The damage caused to the delivered articles was solely due to packaging done on the shipper’s end i.e. o.p. no.1 and also because the goods were not air worthy. The o.p. nos.2 and 3 had no knowledge that total value of the goods of the complainant was of Rs.1,20,000/-. The o.p. no.1 booked the said consignment with o.p. nos.2 and 3 by stating the total value of goods to be Rs.50,000/- only. The o.ps. further stated that as per the airway bill whereby it was clearly mentioned that in case this consignment contains anything of value the company recommends insurance of the same. The company’s liability on this shipment is limited to Rs.5000/- of cost of reconstruction whichever is lower for shipment which are not insured. Clause 8 of the terms and conditions of the airway bill also stated the said fact. On the basis of the said fact o.ps. stated that their liability will be only with regard to the compensation to be paid from the side of o.p. nos.2 and 3 to the tune of Rs.5000/- only.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant booked the articles for transportation?
- Whether the articles were damaged in transit?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant for the purpose of his joining in USA and for the purpose of his shifting from Balgalore to his residence at Kolkata engaged o.p. no.1 for packing and engaged o.p. no.2 for transportation of goods. On 31.5.13 o.p. no.1 through his authorized representative checked all the items of the complainant’s household goods, made a list of the same and issued consignment note bearing no.DS1927 dt.31.5.13 for shipment from Bangalore to Kolkata at the complainant’s address. The total packages were 26 in number and total valuation of the goods of the complainant was calculated at Rs.1,20,000/-. The o.p. no.1 issued a receipt of Rs.17,000/- for transportation charge, Rs.300 for escort charge and Rs.1800/- octroi charge. The complainant paid the said amount. On 20.6.13 one Mr. Tarak Roy of M/s Blue Dart Express Ltd. having authorized representative of o.p. nos.2 and 3 delivered the said consignment of the complainant’s household goods and delivered those articles there. After receiving the same it was found that the goods were damaged to a great extent for which the complainant sent a letter demanding the amount of Rs.1,12,000/- from o.ps. and also prayed for compensation and on the basis of the said fact o.ps. did not take any action for which the complainant filed this case praying for direction upon the o.ps. for payment of Rs.1,12,000/- as well as other reliefs.
Ld. lawyer for the o.p. nos.2 and 3 argued that the consignment being Airway Bill No.50174528950 was duly delivered to the consignee’s address, however, the articles were damaged during transit which are follows: (1) glass top broken, (2) 2 chairs broken, (3) bed broken beyond repair. It was stated that the consignment was booked and packaged by o.p. no.1. The damage caused to the delivered articles was solely due to packaging done on the shipper’s end i.e. o.p. no.1 and also because the goods were not air worthy. The o.p. nos.2 and 3 had no knowledge that total value of the goods of the complainant was of Rs.1,20,000/-. The o.p. no.1 booked the said consignment with o.p. nos.2 and 3 by stating the total value of goods to be Rs.50,000/- only. The o.ps. further stated that as per the airway bill whereby it was clearly mentioned that in case this consignment contains anything of value the company recommends insurance of the same. The company’s liability on this shipment is limited to Rs.5000/- of cost of reconstruction whichever is lower for shipment which are not insured. Clause 8 of the terms and conditions of the airway bill also stated the said fact. On the basis of the said fact o.ps. stated that their liability will be only with regard to the compensation to be paid from the side of o.p. nos.2 and 3 to the tune of Rs.5000/- only.
Considering the submissions of the respective parties it is an admitted fact that the complainant booked the articles by engaging o.p. no.1 who arranged the booking of those articles. It is found that the consignment was delivered at the address of the complainant within the period as mentioned in the receipt. It appears from the record that only three items were damaged viz (1) glass top broken, (2) 2 chairs broken, (3) bed broken beyond repair. It appears from the record that the value of the articles mentioned in the said consignment was Rs.50,000/- and those articles were of old household articles. The complainant could not produce any document to show the price of those articles including the price of bed which was broken beyond repair. The o.p. nos.2 and 3 claimed that the packing was not made properly for which the damage occurred. Apart from the said fact o.p. no.2 as per the airway bill was agreeable to pay the compensation of Rs.5000/- which the complainant refused to accept. It appears from the record that o.p. no.1 did not contest the case. The complainant has stated that there were 26 items and out of those only 3 items were damaged and the total value of those articles were of Rs.1,20,000/- as claimed by the complainant. It appears from the record that o.p. no.1 since did not make the packing in proper manner, therefore such damage occurred. The o.p. nos.2 and 3 only carried the articles and during the transportation of those articles some were damaged and therefore liability of o.p. nos.2 dn 3 for payment of compensation of Rs.5000/- only as per airway bill. It appears that the articles damaged in the said transportation were only 3 in number and o.p. no.1 did not contest the case and for the fault of o.p. no.1 such damage had taken place. Thereby o.p. no.1 should pay the compensation of Rs.10,000/- to the complainant. Since the complainant had to file this case for redressal of his grievance he will be entitled to get compensation of Rs.5000/- and litigation cost of Rs.2000/- from o.p. nos.2 and 3 also. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.358/2014 is allowed ex parte against the o.p. no.1 and allowed on contest against the o.p. nos.2 and 3 with cost. The o.p. no.1 is directed to pay to the complainant compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and the o.p. nos.2 and 3 are also jointly and/or severally directed to pay to the complainant compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
