CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No. 306/2013

MR. AUTAR KRISHAN RAINA,
FLAT # A803, PEOPLE CONSERVATIVE CGHS,
PLOT NO. 10 SECTOR 18A,
DWARKA, DELHI-110075

…………. COMPLAINANT                                                                             

Vs.

1. STARTREAK PVT. LTD,
   OKHLA INDUSTRIAL ESTATE,
   PHASE-III, 1SR FLOOR,
   NEW DELHI-110020
2. THEIR ASSOCIATE COMPANY @ KUWAIT,
   STD CARGO & PARCEL SERVICES,
   (DOOR TO DOOR ALL OVER INDIA),
   BLOCK 5 STREET 79, BLDG NO. 7910,
   NEAR FINGERPRINT OFFICE FARWANIYA,
   KUWAIT,
3. M/S SPOTON, STARTREAK LOGISTIC PVT. LTD.
   HEAD OFFICE – 9/1 PRASHANT COMPLEX,
   KALINGA RAO ROAD MISSION ROAD,
   BANGALURU-560027

                                  …………..RESPONDENTS

                                 Date of Order:06.02.2019

O R D E R

A. S Yadav - President

The case of the Complainant is that while shifting his residence from Kuwait to India, he booked his household goods through M/S. STD Kuwait / India counterpart being SPOTON, Startreak Logistic Pvt. Ltd; India via:

1 Invoice # 30734 dated 16-Oct-12 – 20 Cartons total weight 758 KG, invoice amount paid KD 486 and

2 Invoice # 30857 dated 30-Oct-12 – 24 Cartons total weight 864 KG, invoice amount paid KD 391.,

for onward dispatch to Delhi by Sea, terms being Door to Door Service.

The goods were properly and professionally packed for dispatch.  The goods were accepted by the company for dispatch to Delhi in very good condition at source with repeated assurance of safe delivery of goods because the goods were booked for Door to Door delivery- Sea freight.  En-route safety of goods and final safe delivery of entire cargo is the responsibility of the carrier.  But they failed in their duty and this amounts to deficiency of services.

All dues were collected at source by the carrier covering all incidentals including insurance, additional water proof cover for goods charges and fright charges.  Additional charges were for WP plastic cover held securely with 2 straps applied to each and every packing to be provided at Kuwait end before shipment, to the carrier for safety from wet weather on its way.  Straps were not provided by the carrier and not providing straps to hold the plastic cover to goods resulted in few plastic cover being torn / damaged thus packing cases getting wet damaging the contents inside the packing. 

The goods were delivered to Delhi address of the Complainant on 31^st Dec-12 and 01^st jan-13.  Complainant immediately reported the condition of goods delivered to Startreak Co. and did indicate his assessment of damaged packages.  Complainant was advised to report shortages / damages on opening of cargo at his address.  Complainant opened the packages and found a disaster situation, all his original packing – straps holding the contents intact, provided by him, were fully torn for all 44 cartons (100%) and the packages repacked.  Out of 44 pcs only 41 were in repacked condition by providing plastic sheet material hand stitched to form a bag.  Balance 3 pcs, his original packing was removed, and only part contents (suitcases what was part of the overall contents) repacked to look like a neat baggage for counting purposes to make account for 44 pcs.  All valuables have been left behind/looted and not delivered to us even on date.  Complainant has treated all this as loss to him.  It is stated that many contents were missing from 41 cartons what they had repacked but not professionally in a bag type of packing fit to carry onion or potato only and not house hold items of value. 

However, Complainant was anxiously waiting of Startreak to visit him for physical survey of the goods but they choose not to come even after several reminders.  Finally on 26^th Jan-13 they advised him to open 100 % baggage and report a revised list of loss.  Complainant completed this exercise on priority and sent them his claim in 2 parts

1. Claim # 1 pertaining 20 pcs (16-Oct-12 collection) = KD 486 and
2. Claim # 2 pertaining 24 pcs (30-Oct-12 collection) = KD 391(Total KD 877,)

The 2 claims were forwarded to all concerned on 29^th Jan-13.

Since 30^th Jan-13, Complainant has been regularly taking the issue with STD Cargo Startreak etc, but with no positive result.  Complainant contacted two of his friends at Kuwait to spare their valuable time and personally peruse the subject with M/S STD Cargo Kuwait and they had couple of meetings with STD Kuwait but still no positive result. 

Complainant has prayed that OPs be directed to pay a sum of Rs. KD 877 (equal to Rs. 1,70,000) alongwith 18 % interest and Rs. 25,000/- as compensation. 

Notice was sent to OP-1 and OP-3 only.

Nobody appeared for OP-1 and OP-3 despite service.

It is proved from the unrebetted testimony of the Complainant that the goods were accepted by the company The case of the Complainant is that while shifting his residence from Kuwait to India, he booked his household goods through M/S. STD Kuwait / India counterpart being SPOTON, Startreak Logistic Pvt. Ltd; India via:

1 Invoice # 30734 dated 16-Oct-12 – 20 Cartons total weight 758 KG, invoice amount paid KD 486 and

2 Invoice # 30857 dated 30-Oct-12 – 24 Cartons total weight 864 KG, invoice amount paid KD 391.,

for onward dispatch to Delhi by Sea, terms being Door to Door Service.

The goods were properly and professionally packed for dispatch, Exhibit—page-1&2.  The goods were accepted by the company for dispatch to Delhi in very good condition at source with repeated assurance of safe delivery of goods because the goods were booked for Door to Door delivery- Sea freight.  En-route safety of goods and final safe delivery of entire cargo is the responsibility of the carrier.  But they failed in their duty and this amounts to deficiency of services.  All dues were collected at source by the carrier covering all incidentals including insurance, additional water proof cover for goods charges and fright charges.  Additional charges were for WP plastice cover held securely with 2 straps applied to each and every packing to be provided at Kuwait end before shipment, to the carrier for safety from wet weather on its way.  Straps were not provided by the carrier and not providing straps to hold the plastic cover to goods resulted in few plastic cover being torn / damaged thus packing cases getting wet damaging the contents inside the packing. 

It is proved also to form his testimony that goods were stolen and damaged, the list was immediately sent to OP-1 and OP-3.  Complainant has placed the e-mails exchanged between the parties.  Complainant has specifically stated in the e-mail dt. 17.01.2013 that please arrange a visit by insurance people to see / investigate the matter but noting was done. Here it is relevant to refer to the e-mail sent by OP-1 to their employee whereby she has requested to get the matter investigated but in fact the matter was never investigated by OP.  The photographs of the damaged goods were sent, the details of the damaged goods sent, the details of the missing goods were also sent but no action was taken.  It is proved from the unrebetted testimony of Complainant that proper service was not provided by OP-1 and OP-3. 

It is a clear cut case of deficiency of service on the part of OP-1 and OP-3.  OP-1 is directed to pay a sum of Rs. 1,70,000/- to Complainant with 9 % interest from the date of filing of the complaint.  OP-1 is further directed to pay Rs. 10,000/- towards compensation and litigation expenses.   

Let the order be complied with within one month of the receipt thereof.  The complaint stands disposed of accordingly.

            Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

                (H.C. SURI)                                                                                               (A.S. YADAV)

                 MEMBER                                                                                                 PRESIDENT