Delhi

New Delhi

CC/926/2008

Gee Pee Mica Pvt.Ltd. - Complainant(s)

Versus

M/S. DHL Danzas Lemuir Pvt.Ltd. - Opp.Party(s)

02 Mar 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/926/08                                                                                                                                                                             Dated:

In the matter of:

M/s. GEE PEE MICA Pvt. Ltd.,

M-34, Shastri Nagar, Delhi-52

Through its Director Sh. Pratap Singh

……..COMPLAINANTS

       

VERSUS

1. M/s. DHL Danzas Lemuir Pvt. Ltd.,

        E-9, Connaught Place, New DelHi-110001

 

2. M/s. DHL Global Forwarding (Korea) Ltd.,

        5 FL, Yonsej Jaedan Bldg.,

        #84-11, 5-GA Namdaemun-RO

        Jung-GU, Seoul Korea-100753

 

3. Danmar Lines Ltd.,

        P.O. Box-2651,

        4002, Basel Switzerland

                         ………. OPPOSITE PARTIES

ORDER

President:  C.K Chaturvedi

The complainant of deficiency alleged on the part of OP is that OP failed to deliver the booked consignment at Delhi as per the agreement between the parties.  It is alleged that instead he unloaded the container of goods at Bombay Port, from where complainant has to get it transportation to Delhi at its cost, leading to deficiency in service.

The facts of the complaint are that complainant is dealing in import & export and booked goods D-grade copper clad laminate rejects from Korea in Sept.2007 with OP3, through a bill of loading dated 16.09.07, by OP3, through forwarding agent OP2. It is alleged that complainant did not receive the complaint in the agreed time of 1 month and found that goods were unloaded at Mumbai.    It made a request to OP1 deliver the same at Delhi, and he was assured of it all the time. The complainant ultimately had to pay Rs.8,02,494/- for no lifting of good charges and Rs.3 lakhs for transportation to Delhi and could not fulfill the commitments made, leading to this complaint of deficiency.

OP1 filed a reply stating that OP1 as pleaded was a company which got managed by immigration with Excel India Pvt. Ltd., which is the entity in existing in place of OP1, and the reply is thus on its behalf. It took plea that complainant WS and consumer, the Forum has no territorial jurisdiction and the bill of landing was issued at Korea, and the port of discharge of goods was Nahva Sheva, Mumbai, and even if the same was to be delivered at Tughlakabad, the Forum has no jurisdiction on this complaint was barred by limitation. It stated that March bill of landing was to be amended if the goods were to be transport to Delhi, for when complainant did not agree. It demands everything else.

The complainant filed evidence & submissions. We have considered the material on record and citations. The Complainant has placed on record copy of bill of loading dated 16.09.07 (at page 26 of the documents filed with complaint). This clearly shows that place of delivery is shown as 1CD-Tughlakabad from port of discharge at Nahva Sheva. Thus, it was duty of OP to take the consignment to 1CD-Tughlakabad.  The OP in its affidavit of evidence had failed to prove any letter or document showing its willingness to take the goods for Bombay to Tughlakabad. It is plead need of emending the MBOL, without any justification for such an approach, where goods had ahead reached India and Delhi is already mentioned in BOL. It is apparent that OP is merely taking technical plea with no defense with it to justify beach of obligation and has committed deficiency in service.

In the circumstances, we hold OP1 guilty of deficiency and allow the cost of transportation of goods to Delhi from Bombay and other charges incurred by complainant as per invoice. We also award compensation of Rs.50,000/- for deficiency and Rs.20,000/- for litigation charges.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

Pronounced in open Court on 02.03.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(S.R. CHAUDHARY)         (RITU GARODIA)

MEMBER                          MEMBER