BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT
SHRI. P. SUDHIR : PRESIDENT
SMT. SATHI. R : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C.No: 374/2012 Filed on 19/10/2012
Dated: 30..08..2017
Complainant:
Manzoor Ahamad Bhat, Oriental Arts Emporium, Kovalam Beach, Thiruvananthapuram.
(By Adv. Rajmohan. C.S)
Opposite party:
The Cargo Manager, Air India Cargo Section(Domestic) Shangumugham, Thiruvananthapuram.
This C.C having been heard on 06..07..2017, the Forum on 30..08..2017 delivered the following:
ORDER
SMT. R. SATHI, MEMBER:
The case of the complainant is that on 04/08/2012 the complainant who is conducting business for his livelihood submitted parcel containing two glass beaded table cover and 5 shawls to the opposite party office and obtained receipt. The opposite party assured the complainant that the parcel would be delivered within two days. But the recipient did not get the parcel and on enquiry it was seen that the parcel was sent from opposite party office. The complainant contacted the Delhi Office of the opposite party through phone and e-mail, but nothing happened. The complainant’s client stated that the articles worth Rs. 2,00,000/-. The complainant lost reputation and business opportunity to the tune of Rs. 20,00,000/- as he was likely to get order for the same from the client after approving the same. So the complainant filed this complaint for Rs. 7,00,000/- towards compensation.
2. The opposite party accepted notice, entered appearance and filed version.
The opposite party stated that the opposite party has undertaken to carry 2kg parcel at the Thiruvananthapuram Airport, Cargo complex. Unfortunately the consignment booked through the opposite party’s Thiruvananthapuram office was lost in transit and in spite of sincere effort done by the opposite party the consignment could not be traced or located. The total value of consignment was not declared to Air India when the shipment was booked. The opposite party is not aware whether the Cargo was insured with any insurance company for any amount. The liability of the carrier is governed by Carriers Act and the conditions agreed upon by the parties at the time of booking the consignment. The complainant could have increased the limitation of liability by declaring a higher value for carriage and paying a supplementary charge if required. But such declaration was not made by the complainant. The opposite party denied the allegation of the complainant that he lost business opportunity of Rs. 20 lakhs due to non-delivery of the consignment. The claim of the complainant that he is entitled to get Rs. 7 lakhs from this opposite party is not allowable as the opposite party is not liable to pay Rs. 7 lakhs or any other amount. There is no deficiency of service or unfair trade practice on the part of the opposite party. Hence opposite party is not liable to pay Rs. 7 lakhs or any other amount as compensation to the complainant. Hence complaint is only to be dismissed.
The complainant filed affidavit in lieu of chief and produced 4 documents. The Reservation Manager of opposite party filed affidavit in lieu of chief and authorisation.
3. Issues:
(i) Whether there is any deficiency of service or unfair trade practice on opposite party’s side?
(ii) Whether the complainant is eligible for the reliefs as sought for?
4. Issues (i) & (ii): The case of the complainant is that he entrusted the opposite party to deliver some valuable articles to Delhi as part of his business. The opposite party after receiving the parcel issued Airway bill and he paid Rs. 1031/- to the opposite party. During the time of entrusting the articles he stated the valuable articles inside the parcel. But the valuable articles worth Rs. 2,00,000/- never reached the destination and he sustained loss of article worth Rs. 2,00,000/-. The complainant stated that the articles belong to his client which is sent to Delhi for getting more materials of the same kind. The complainant stated that he disclosed the contents of the parcel to the opposite party and the same was endorsed in the Air way bill. The complainant sent legal notice and he received reply notice. Hence he approached this Forum to direct the opposite party to pay Rs. 7,00,000/- for his loss. The opposite party admitted that the opposite party has undertaken to carry 2kg parcel and the consignment booked through the opposite party’s Thiruvananthapuram Office was lost in transit and inspite of sincere effort done by the opposite party the consignment could not be traced or located. The total value of the consignment was not declared to Air India when the shipment was booked. The Cargo was not insured with any Insurance Company for any amount. Moreover at the time of booking the consignment, no value of goods was declared so as to increase the liability of the carrier. The complainant could have increased the limitation of liability by declaring a higher value for carriage and paying a supplementary charge if required. But such declaration was not made by the complainant. So the opposite party denies the claim of the complainant. Here the complainant did not come before this Forum even after specific direction, so the documents produced by the complainant were not marked. But on going through the documents, there is no evidence produced by the complainant to show that the total value of the consignment entrusted the opposite party was declared. Therefore the liability of the opposite party is governed by the Carriers Act and opposite party admits that the liability of the carrier is only 40 US Dollars. The weight of the parcel is stated as 2kg. Therefore complaint is partly allowed by directing the opposite party to pay 40US Dollars to the complainant along with cost of Rs. 1000/-. Opposite party shall pay the amount equivalent to 40 US Dollars in Indian Rupee at the time of payment.
In the result, complaint is partly allowed by directing the opposite party to pay 40US Dollars to the complainant along with cost of Rs. 1000/-within one month from the date of receipt of this order, failing which the amount of 40 US Dollars shall carry interest @ 12% from the date of default till payment. Opposite party shall pay the amount equivalent to 40 US Dollars in Indian Rupee at the time of payment.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30th day of August, 2017.
Sd/- R. SATHI : MEMBER
Sd/-P. SUDHIR : PRESIDENT
Ad sd/- LIJU B. NAIR : MEMBER
