Order No.  25   dt. 06/03/2017

       The case of the complainant in brief is that the complainant sent a letter along with certain documents through courier service to Dr. Radha Menon, 48A, Beriman Road, London N7 7P.S. United Kingdom on 5.3.12 by making payment of Rs.1850/-. On enquiry from Dr. Radha Menon complainant came to know that the said letter along with legal documents had not been delivered to the addressee. On 13.3.12 Customer Service Support Executive of o.ps. sent an e-mail to the complainant mentioning that the said consignment was lost. On 15.3.12 said executive Mr. Mapker requested the complainant to fill up a claim form and the complainant filled up that form. On 8.4.12 complainant wrote a letter to o.p. no.1 to refund the said amount with interest. In reply to the said letter on 24.4.12 o.p. sent an e-mail rejecting her claim request. Then complainant lodged a complainant before CA & FBP, Kolkata South but o.p. did not attend the meetings which were arranged on 4.6.12 and 2.8.12. In the mean time complainant contacted with o.ps. but they did not pay any heed to refund the said amount. Hence the application praying for refund of Rs.1850/- plus interest of Rs.1000/- as financial loss along with compensation of Rs.1 lakh and litigation cost of Rs.5000/-.

            The o.ps. appeared before this Forum by filing w/v. In their w/v o.ps. stated that before sending the consignment complainant had gone through all the terms and conditions of o.ps. and signed the consignment note which clearly states “carriage of consignment subject to the terms and conditions on the reverse”. This clearly indicates that she had agreed with all the terms and conditions before accepting the services of o.ps. As per 13.1.1 of the terms and conditions “if he carriage of your shipment is solely or partly by air and involved and ultimate destination or a stop in a country other than the country of departure the Warsaw convention (1929), or Warsaw convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No.4 (1975) or the Montreal convention (1999), whichever compulsorily will apply”. O.ps. stated in their w/v that they are liable to pay Rs.1742.11 only and the complainant cannot claim more than Rs.1742.11. The claim was rejected on 24.2.12 based on terms and conditions of the ‘Carriage and other securities’ signed by the complainant. The complainant claimed excess amount of Rs.2000/-, hence it was rejected by claim team of o.ps. It was completely denied the averment made in para 9 of the complaint petition that complainant incurred financial loss of Rs.1 lakh for deficiency in service on the part of o.p. Hence, o.ps. prayed for dismissal of the case with exemplary cost.

Decision with reasons:

            We have gone through the pleadings of the parties and documents in particular. It is admitted fact that complainant sent a letter through o.p. no.1 to Dr. Radha Menon, 48A, Beriman Road, London N7 7P.S. United Kingdom on 5.3.12 by making payment of Rs.1850/-. When complainant came to know from Dr. Menon that the letter was not delivered to him complainant enquired for that and accordingly she contacted with o.ps. On 13.3.12 o.ps. informed the complainant that the consignment was lost and on 15.3.12 o.ps. requested the complainant to fill up a claim form. As per terms and conditions of consignment note “international treaties governed and limit our liability for loss, damage or delay to your shipment to 19 Special Drawing Rights per kilo”. Hence if there is any loss or damage the liability of o.ps. is limited to 19 Special Drawing Rights per kilo. In the instant case the weight of the carriage was 100 grams. Hence o.ps. rightly calculated the loss of Rs.1742.11 (1SDR=91.69)

            Complainant sent the consignment on 5.3.12 and on 13.3.12 o.ps. informed the complainant that the consignment was lost. On 15.3.12 the o.ps. requested the complainant to fill up the claim form. From the documents it is evident that o.ps. were ready to pay Rs.1742.11 as per terms and conditions of the consignment agreement. In the instant case complainant claimed Rs.1 lakh for compensation for financial loss. But it is curious enough that complainant had not mentioned any financial loss which she incurred for the consignment loss. Complainant had to establish that she had incurred financial loss and suffered mental agony and for that reason she prayed for compensatory loss of Rs.1 lakh for deficiency in service. Complainant had not mentioned any financial loss which was incurred by the complainant from the complaint petition.

            In view of above, we find that it is justified that o.ps. wanted to refund her Rs.1742.11 as per terms and conditions of the consignment note. Complainant can only claim that amount which she paid for availing of the service with some compensation.

            Hence, ordered,

            That the CC No.243/2013 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund to the complainant a sum of Rs.1740/- (Rupees one thousand seven hundred forty) only along with compensation of Rs.800/- (Rupees eight hundred) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.          

            Supply certified copy of this order to the parties free of cost.