DATE OF FILING : 19/09/2014.
DATE OF S/R : 13.11.2014.
DATE OF FINAL ORDER : 30.07.2015.
Edison Lamps Pvt. Ltd.,
( An ISO 9001 : 2000 Company )
having its registered office at Benaras Road, BIradingi,
P.O. Netajigarh, P.S. Liluah,
District Howrah,
represented by its Director, Sri Alok Kumar Bhaumik,
residing at 4, Gopal Gobinda Basu Lane, P.S.
& Dsitrict Howrah,
PIN 711101. …..………………………………………………….. COMPLAINANT.
1. The Manager,
DTDC Courier & Cargo Ltd.,
Howrah Branch at Stall no. 12, Shree Market, Howrah Maidan,
P.S. & District Howrah,
PIN 711101.
2. The Manager,
DTDC Courier & Cargo Ltd.,
Kaji Nazrul Islam Sarani, VIP Road,
Raghunathpur, Kolkata 700059.
3. The Manager,
DTDC Courier & Cargo Ltd.,
3, Victoria Road, Bangaluru,
PIN 560047. …….…………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Edison Lamps Pvt. Ltd., represented by one its director, Shri Alok Kr. Bhaumik, , by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to pay Rs. 13,482/-, being wire house charges, Rs. 1,00,000/- as compensation, Rs. 5,000/- as litigation costs, Rs. 5,000/- as the cost of sending personnel to Delhi along with other relief or reliefs as the Forum may deem fit and proper.
- . Brier fact of the case is that complainant sent one copy of challan dated 09/04/2014 being No ELPL/10/(NR-03) 2014 15 and Railway Receipt no A3133558 dated 09/04/2014 to the Deputy Chief Material Manager / SSB Northern Railway, Sakurbasti, Delhi 110034 showing the supply of electric lamps for train lighting Tungsten Filament etc. availing the service of O.Ps. on payment of requisite fees. Although the said articles reached its destination but the consignee, i.e. the Deputy Material Manager, SSB (NR) could not collect the same as the copy of the challan and Railway receipt did not reach in time. And for such delay, the articles were to be kept in Railway go-down for which Railway charged Rs. 13,482/- and the complainant had to bear the cost for no fault on their part. Even the complainant had to send one of its personnel to Delhi at their cost which is Rs.5000/- in order to settle the entire issue. So alleging deficiency in service, complainant filed this instant case against the O.Ps. praying for the aforesaid relicts.
- Notices were served upon O.Ps. O.Ps. appeared and filed written version.
Decision with reason.
- We have carefully gone through the written version filed by O.Ps. and noted its contents. Also we have considered the documents filed by the complainant. O.Ps. have taken a specific plea that complainant availed the service of O.Ps. which is commercial in nature and so the complainant is not a consumer as per the provision of C.P. Act 1986. In this respect, O.Ps. have also annexed one judgment passed by Hon’ble State Commission West Bengal in Appeal No. FA/662/2013. Seen the judgment. In this instant case, a valuable business document, which is one challan showing the supply of train electric lighting Tungsten Filament etc. by the complainant to the consignee i.e. the Deputy Material Manager SSB NR, Sapurbasti, Delhi 110034, was sent by the complainant through the courier service run by o.ps. And that way a business deal between the complainant and consignee was supposed to be complete. So very well it can be said that the complainant availed the service of o.ps. entirely for commercial purpose. Accordingly, we are of the candid opinion that the instant case is not maintainable as per the provision of C.P. Act 1986.
Hence,
O R D E R E D
That the C. C. Case No. 521 of 2014 ( HDF 521 of 2014 ) be dismissed on contest against the O.Ps. without costs.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
