CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 6th day of February 2014
PRESENT : SMT. SEENA. H, PRESIDENT
: SMT. SHINY. P.R, MEMBER
: SMT. SUMA. K.P, MEMBER Date of filing : 11/4/2013
CC / 72 / 2013
M/s. Bharat Steel Agencies,
7/307, Opp. Steel Complex,
Cheruvannur, Calicut – 673 655,
Rep. by its Managing Partner. : Complainant
(By Adv. B. Kamal Chand)
Vs
1. The Professional Couriers,
224(1), Near KPM Buildings,
Pulinchode, Kanjikode,
Palakkad.
(By Adv. Rajesh.M.Menon)
2. The professional Couriers,
District Administration & Operation Office,
P.K. Shopping Complex,
Chandranagar Junction,
Palakkad – 678 007.
(By Adv. Rajesh.M.Menon)
3. The Professional Couriers,
Corporate Office,
No. 1203/A, Bhumiraj Costarica,
Plot No. 1 & 2, Sector 18,
Sanpada,
Navi Mumbai – 400 705. : Opposite parties
O R D E R
BY SMT. SEENA. H, PRESIDENT
Brief case of the complainant :-
The complainant company is the dealer of iron steel and scraps materials. The complainant used to send the iron steel and scrap to many places, i.e, to the customers of the company. The complainant used to send their important papers through the opposite parties to M/s. Beepath Castings, NIDA, Kanjikode, Palakkad and the said company used to send those papers to the concerned parties for work through the opposite parties themselves. On 15/1/2013 vide No. PGT 12430852 the complainant company through the Beepath Castings, NIDA, Kanjikode, Palakkad sent a consignment to Aaron Logistics, Ernakulam through the 1st opposite party. That cover contained very important import papers of the complainant company which is highly essential for taking up the delivery of the goods. The said documents was sent through the opposite parties on a belief that the same will be duly delivered to the concerned party with due diligence. Even after the normal period of delivery of the consignment the said cover has not been delivered to the concerned party. Since the cover contained very important import documents, i.e, the original import document bill of loading certificate No. TALADS01580500 and the pre-shipment inspection certificate No. ASOOO8/GLO/13150 issued by the Trans Asia Line and Asia Globe Trade Ltd., the complainant was put into very serious hardships and difficulties. The complainant has imported certain goods and those reached at the port and those were kept in the port itself. In order to release the good which were kept in the port the complainant has to produce the concerned import document, which has been sent to Aaron Logistics, Ernakulam via courier through the opposite parties. Those documents were essential to release the goods kept in the port. Without the production of those documents which has been sent through opposite parties the complainant cannot release the goods from there. And hence the goods which were sent to the complainant were forced to be kept in the port. Mean while the officials of the complainant many times enquired about the consignment but there was no proper explanation or reply. Hence the complainant was constrained to send a letter dated 22/1/2013 to the 1st opposite party stating that they have to inform regarding the status of the consignment. The said letter was received by them. On 25/1/2013 the 2nd opposite party on behalf of others also sent a reply. In the said reply they categorically informed that they deeply regret that the said consignment has misplaced/lost during transit. And they further undertook to reimburse any charges.
The Trans Asian Shipping Services Pvt. Ltd. had given estimates dated 15/2/2013 and 19/2/2013 mentioning the charges in detail. Since the document was not produced in time the goods were constrained to store in the port itself and the company has levied the charges namely; detention Rs.1,48,431/-, port storage charges Rs. 1,91,414/- and additional charges for detention Rs.18,751/- and port storage charges Rs. 26,868/- and thus the complainant was forced to give an additional amount of Rs. 3,85,464/- due to the deficiency of service done by the opposite parties.
If the document had been delivered to the party in correct time the complainant would have released the goods from the port in time and the complainant will not be forced to bear the above mentioned additional charges. Because of the negligence, unfair trade practice and deficiency in service from the part of the opposite parties, the cover which contained very important original papers were lost in transit/misplaced. The negligent act done by the opposite parties caused the loss of the said document which was sent through them.
Version of opposite parties:-
The main contention of the opposite party is that the complainant is not a consumer and there is no privity of contract between the complainant and the opposite parties. The complainant herein has not booked any consignment with the opposite parties and hence the complainant has no locus standi to file the case before the Forum. Further complainant has not given any information regarding the contents of the consignment. According to opposite parties, complainant can very well obtain the duplicate copy of the documents and release the goods. Instead of that they have filed this complaint claiming the loss incurred. Moreover the complainant has not stated in the complaint how they have released the goods. Further the complainant has not impleaded the Port Authority and hence the complaint is bad for non joinder of necessary party. It is clearly stated in the consignment copy that in cases of any loss or damage, the liability of the opposite party is limited to Rs. 100/- only. Opposite party prays for dismissal of the complaint with cost.
The evidence adduced by the parties consists of their respective chief affidavits. Ext. A1 to Ext.A5 marked on the side of complainant. No documentary evidence on the side of opposite parties.
Issues for consideration
- Whether there is any deficiency in service on the part of opposite parties?
- If so, what is the cost and relief entitled to the complainant?
Issues 1 & 2
Complainant has submitted that they have booked the consignment through Beepath Castings, Kanjikode. Ext. A1 evidence the same. Ext.A4 and Ext.A5 reveals the fact that all further communications regarding the storage and delivery of the consignment was between the Port Authority and complainant herein. So it can be safely concluded that the actual beneficiary of the service is the complainant. As per Consumer Protection Act, the beneficiary of the service has the locus standi to file the case before the Forum. By Ext. A3 opposite party has admitted that the Consignment No.12430852 dated 15/1/2013 has been misplaced or lost during transit. Opposite party has contented that the contents of the consignment is not made known to them. Ext.A3 read together with Ext.A4 and Ext. A5 gives a clear picture regarding the lost documents. Complainant has stated that they have incurred huge loss due to the storage of goods and others on account of the loss of the documents. Ext.A4 and Ext.A5 was produced to prove the same. On perusal of the documents we find that it is only an estimate and not a final bill for the actual payment received. But the said document were marked without any objection. We are of the view that complainant also contributed to the whole set of incidents that took place because they have not taken any immediate steps for obtaining the duplicate copy of the documents lost. Hence we partly allow the complaint.
In the result complaint partly allowed. Opposite party has directed to pay complainant an amount of Rs. 2,00,000/- (Rupees two lakhs only) as compensation along with Rs. 1,000/- as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 6th day of February 2014.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/-
Smt. Suma. K.P
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1 - Receipt (original) issued by the 1st opposite party dated 15/1/2013
Ext.A2 - Letter (original) sent by the complainant to the 1st opposite party dated 22/1/2013.
Ext.A3 - Letter (original) sent by the 2nd opposite party to M/s. Beepath Castings dated 25/1/2013.
Ext.A4 - Estimate (copy) issued by Trans Asian shipping Services Pvt. Ltd. to complainant dated 15/2/2013.
Ext.A5 - Estimate (copy) issued by Trans Asian Shipping Services Pvt. Ltd. to complainant dated 19/2/2013.
Exhibits marked on the side of opposite parties
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost allowed
Rs. 1,000/- (Rupees one thousand only) allowed as cost of the proceedings.
