SRI BIJOY KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of loss of consignment and non-payment of compensation amount are the allegations arrayed against Opp.Party.
2. Complaint in brief reveals that, Complainant is serving under Lea Associates and at present residing at Kendrapara. Complainant being a patient took life saving medicines supplied by M/s.Shree Nidhi Pharama,Bangalore and the medicines were dispatched through OP-DTDC Courier Service by Nidhi Pharma. Accordingly, the Supplier Shree Nidhi Pharma booked a parcel containing medicines on dtd.29.03.16 bearing consignment No.B-31128004 through OP-Courier Service provider, which is expected to be delivered within 2-3 days. But unfortunately the complainant did not receive the consignment and lodged complaints before the OP-Courier Service bearing complaint No.02087758,02076303,02065217. After joint follow-up, the OP-Courier Service intimated that the disputed consignment has not been traceable and shipment is lost in transit and advised the complainant to follow the procedures, if the same is covered under carrier risk at the time of booking. It is also stated that after the loss of the shipment another consignment was booked through the OP-Courier service and same is delivered to the complainant on dtd.05.05.16, bearing consignment No.B32174095. It is further revealed from the complaint petition that the cause of action arose on dtd.10.04.2017 when the OP refused to solve the problem and all the correspondences, communications has taken place at Kendrapara. The complaint is filed with prayer that a direction may be given to OP to pay compensation of Rs.1 lakh including the cost of the medicine.
3. Being noticed OP-DTDC Courier Service, appeared through Ld. Counsel and filed written statement into the dispute on para wise reply. In the written statement OP averred that complaint is not maintainable and complainant is not entitled to any relief. OP-Courier Service in the written statement admits the loss of consignment No.B31128004 in transit and even loss of the shipment another consignment was booked by Nidhi Pharma and delivered to complainant, hence the trust of the OP-Courier Service cannot be questioned. The written statement further reveals that through a mail the OP expressed regret to the complainant in connection to loss of shipment and also advised to follow up the procedure if the shipment is covered under carrier risk for further processing and if same is not covered under carrier risk to avail the refund of booking price. Accordingly, the complainant without following the procedures has foisted this false case, the same is liable to be dismissed with exemplary cost.
4. Heard the Learned Counsel for OP and case of the complaint on merit as non-appears on behalf of the complainant in spite of calls, perused the documents filed by complainant as per the list. The documents filed by complainant includes, Xerox copy of letter addressed to OP dtd.26.09.2016, and dtd.01.12.2016 by complaint, Xerox copy of claim form, Xerox copy of Tax Invoice of Shree Nidhi Pharma, Xerox copy of consignment note, mail copy dtd.0305.16 and copy of postal tracking data of consignment in question.
The admitted facts of the case are that Shree Nidhi Pharma, booked a consignment bearing No.B31128004 from Bangalore through OP-DTDC Courier Service, which was to be delivered to the complainant, who was residing at present, at Kendrapara. It is also admitted fact that the disputed consignment is lost during the transit, on grounds of maintainability it is clear that the Complainant is a beneficiary of the transaction/service in the capacity of ‘consignee’ and the shipment is/was to delivered and cause of action arose within the local Jurisdiction of this Forum,hence the complaint is maintainable under provisions of C.P.Act,1986. On perusal of documents i.e, the copy of the consignment note issued by OP-Courier against receipt of the shipment reveals that, Nidhi Pharma has booked the consignment on payment of Rs.100/-, neither the consignment Note reveals the value of the goods nor discloses whether the article is covered under carriers risk policy? It is position of law that, if the value of the articles is not mentioned or the shipment lacks of carrier cover policy of the consignment the consignor or consignee is not entitled to the refund of value of consignment.
Further, lodging of claim by mentioning the value of consignment and transfer of amount does not create any favour to the consignee for refund of value and award of compensation. Further, it is the settled principle of law that the consignment is a contract between the parties and the consignment- note reveals that in case of loss, theft, damage etc.. The consigner is only entitle to get back a maximum amount of Rs.100/-. Hon’ble National Commission in case of M/S. Desk to desk Courier and Cargo –Vrs- Kerala State Electronics Development Corpn. Ltd. reported in ‘Supreme Court & National commission Cases,2011, vol-4, pg.2886 equally opines and strengthen our findings.
On the aforesaid observations, the complaint is dismissed on the aforesaid grounds and OP-Courier Service is directed to refund the booking price of Rs.100/- to Niddhi Pharma, Bangalore(Consignor) within one month of receipt of this order.
Accordingly, the complaint is dismissed on contest without any cost.
Pronounced in the open Court, this 11st day of December,2017.
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
