18/09/15
HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT
This Appeal is directed against the judgment and order passed by Learned District Forum, Alipore, South 24-Parganas in case no.CC 223 of 2011 allowing the complaint and directing the OPs to pay Rs.80,000/- as compensation with cost of Rs.5000/- within 15 days from the date of order failing which an interest @ 10% p.a. shall accrue on the said amount till realisation.
The case of the Complainant/Respondent, in short, is that he is a Senior Advocate of the Calcutta High Court and on 12/10/10 he handed over an important and urgent envelope containing the certified copy of the order of the Hon’ble Division Bench of the High Court dated 26/08/10 in connection with WPLRT 42/2010 to Trackon Couriers Pvt. Ltd., Sakherbazar Branch, the OP No.2. It was addressed to Sri Bholanath Dey, Mayra Pukur, P.O. Bishnupur, Dist.Bankura. OP No.2 duly received the said envelope on 12/10/10 and took Rs.20/- as cost of sending the said envelope from the Complainant and granted receipt of Rs.20/-. After a fortnight the Complainant came to know from his client that he did not receive the said envelope. Due to non-receipt of the said envelope by the addressee the client of the Complainant suffered a lot. The said client/addressee was suspecting about the integrity of the Complainant. Due to the deficiency in service by the OP the Complainant suffered damage amounting to Rs.1 lakh.
The Learned Counsel for the Appellant has submitted that the time limit was one month and after that the Complainant went to the OP. It is contended that the Learned District Forum awarded Rs.80,000/- as compensation although the amount of consideration paid by the Complainant was Rs.20/-. In this connection the Learned Counsel has referred to the decision reported in II (1996) CPJ 25 (SC) [Bharati Knitting Co. vs. DHL Worldwide Express Courier].
The Learned Counsel for the Respondent has submitted that the Appeal is not maintainable and in the Learned District Forum the Appellant did not appear. It is contended that Rs.20/- was paid to the courier service and receipt was granted and the letter did not reach the addressee. It is contended that the Complainant sent the envelope to his client containing the order of the Hon'ble High Court, Calcutta and the Complainant wrote to the OP on 04/12/10.
We have heard the submission made by both sides and perused the papers on record. Admittedly, the envelope was handed over to the OP and the Complainant paid the charges of Rs.20/- on 12/10/10. The Complainant wrote letter dated 04/12/10 to the OP No.1 about the non-receipt of the said envelope by the client of the Complainant. No reply appears to have been given by the OP to the Complainant. It further appears that the OP No.2 filed W.V. before the Learned District Forum denying the allegations raised in the petition of complaint. In the W.V. there is only denial of the allegations raised by the Complainant. On perusal of the materials on record and having heard the submission made by both sides, we are of the considered view that admittedly the envelope sent by the Complainant through OP No.2 did not reach the addressee and under the given facts and circumstances we modify the impugned order as follows:-
The Appeal is allowed in part. The OP No.2 of the petition of complaint is directed to pay compensation of Rs.2,000/- (Two thousand) and litigation cost of Rs.500/- (Five hundred) to the Complainant/Respondent within 45 days from this date failing which the interest @ 9% p.a. shall accrue from the date of default till realisation. Other directions passed by the Learned District Forum are set aside. The impugned order stands modified to the extent stated above.
