1) M/s. Arira Matthey Limited,
166, Netaji Subhas Chandra Bose Road, Kolkata-700040 _______ Complainant
__Versus__
1) The Deputy Manager, Department of Post,
211, Sarat Bose Road, 2nd Floor, Kolkata-700029.
2) M/s. Malanjkhand Copper Project,
Malanjkhand, Dist. Balaghat, Madhya Pradesh-481116. ________ Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 13 Dated 20-01-2014
The case of the complainant in short is that complainant is an “ISO 9001-2000 and 14001 Company”, manufacturer of precious metal compounds catalysts etc. Complainant company received a parcel from M/s. Malankh and Copper Project, a unit of Hindustan Copper Ltd., Malankhand, Dist. Balaghat, M.P. vide work order no.HCL / MCP / CL / 2010 / 933 / 501 dt.12.10.10 containing old and damage platinum electrodes (weight 52.40 gms) for repair. As per the work order complainant firm repaired the damage platinum electrodes and sent to the client to Balaghat. The parcel containing the aforesaid material was dispatched by speed post vide speed post parcel no.EW / 569610345 IN, dt.27.11.10. The photocopy of the tax invoice issued by the company firm for repairing charges and the photocopy of postal receipt issued by Sarat Bose Road Post Office are annexed with the petition of complaint. But the said parcel was not delivered to the addressee and therefore the Director of the complainant firm sent a letter to o.p. no.1 on 29.12.10. Thereafter, the complainant firm received a letter dt.28.1.11 issued by o.p. no.2 with intimation that the repaired goods were not received by them. Complainant firm again sent a letter to o.p. no.1 dt.15.2.11 and visited the office of o.p. no.1 several times. But o.p. no.1 failed and neglected to deliver the parcel for which the complainant firm suffered from serious financial losses. As o.p. no.1 did not deliver the parcel to the addressee nor served any delivery note to the complainant firm, complainant could not submit any claim before the insurance company for non delivery or loss of parcel. As the parcel was not received by o.p. no.2 they initiated a legal proceeding before the office of sole arbitrator on 31.3.12 against the instant complainant firm claiming Rs.2,14,621/- only towards the compensation as the parcel of the platinum electrodes was not received by them. Finding no other alternative complainant sent a legal notice to o.p. no.1 to deliver the above mentioned parcel to the addressee. Thereafter the Director of the complainant firm was served a letter dt.19.5.12 by o.p. no.1 stating that the said SPA could not be traced out. The photocopy of notices dt.19.5.12, 30.5.12 and 2.6.12 issued by o.p. no.1 are annexed with the petition of complaint. due to non delivery of the parcel concerned the complainant firm suffered a great loss of reputation and a loss of Rs.3,50,000/-. Therefore the instant application with a prayer of recovery of Rs.3,50,000/- towards compensation for non delivery of the speed post parcel dt.27.11.10, interest and litigation cost.
Though the notice was served upon o.p. no.1, they did not appear before the Forum and as such, the matter was fixed ex parte as against o.p. no.1. Though several opportunities were given to o.p. no.2 for filing w/v they failed to file the same and hence the matter was fixed ex parte as against o.p. no.2 also.
Decision with reasons:
We have gone through the petition of complaint and evidence filed by the complainant firm. There is no seal of the company form on the affidavit.
We find that the complainant firm is a company and carrying on business of manufacturing and selling of precious metal products. As the complainant is a company and running its business complainant cannot come under the purview of C.P. Act, 1986. Nowhere it is mentioned that the complainant firm is carrying its business for any livelihood purpose by means of self employment. So the case is not maintainable before this forum. Moreover, a legal proceeding has been initiated before the office of the sole arbitrator on 31.3.12 i.e. before filing of the instant case and the same is still pending we have no scope to adjudicate the matter. Therefore, the complaint fails.
Hence, ordered,
That the case is dismissed ex parte agsaint the o.ps. without cost.
