Maharashtra

StateCommission

A/07/234

M/s. Palande Courier - Complainant(s)

Versus

Shri. Raindra Mahadev Chavan - Opp.Party(s)

06 Feb 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/07/234
(Arisen out of Order Dated 28/08/2006 in Case No. 317/2006 of District Sangli)
 
1. M/s. Palande Courier
H.O. 2/3, Eradawane, Karve Road, Pune - 411 004.
Pune
Maharashtra
2. M/s. Sachin Traders
Silver Oak Park Building, M.S.E.B. Road, Vishram Baug, Sangli
Sangli
Maharashtra
...........Appellant(s)
Versus
1. Shri. Raindra Mahadev Chavan
R/o. Gajanan Colony, Old Kupwad Road, Sangli
Sangli
Maharashtra
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Narendra Kawde MEMBER
 
PRESENT:
 
ORDER

Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

          This appeal takes an exception to an order dated 21/12/2006 passed in consumer complaint No.317/2006, Shri Ravindra Mahadev Chavan V/s. M/s.Sachin Traders & Anr., passed by District Consumer Disputes Redressal Forum, Sangli (‘the Forum’ in short).  The Forum upholds the contention of the complainant and passed the award against opponent, namely, M/s.Palande Courier for not delivering important documents.  It further awarded compensation of `5,000/-     .  In this appeal, the appellant which is a courier company took exception to grant of compensation of `5,000/- since according to them their liability is limited to `100/-.

 

2.       Both parties are absent in spite of notice published on the Notice Board of this Commission, the Bar and on Internet as well as separate intimation sent by way of abundant precaution by post on 21/01/2012.  In the circumstances, this old appeal of the year 2006 is considered for admission in absence of the parties. 

 

3.       In the instant case, referring to the provisions of the Consumer Protection Act, 1986 and as they were applicable to the facts of the case which are established and further referring to the decision of the National Commission to which a reference is made in Para 7 of the impugned order, the Forum fixed the compensation instead of `100/- to `5,000/- plus `2,000/-.  We find no reason to take a different view than what has been taken by the Forum since; apparently, it appears to be a just compensation looking to the nature of the declared consignment containing valuable documents.  Under the circumstances, the appeal is devoid of any substance.  Hence, we pass the following order:-

                             -: ORDER :-

1.       Appeal is not admitted and stands disposed off accordingly.

2.       No order as to costs.

3.       Copies of the order be furnished to the parties.

 

Pronounced

Dated 6th February 2012.

 

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mr. Narendra Kawde]
MEMBER

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