DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 7^th day of August, 2023

Present  : Sri.Vinay Menon V., President

             : Smt.Vidya A., Member                       

             : Sri.Krishnankutty N.K., Member         Date of filing: 05/01/2019 

CC/6/2019

Anvardheen

S/o Kamarudheen,

Propritor Greenvally Bio-tech

Tissue Cultural lab & Nursury,

Pothambadam,

Muthalamada (PO)

Palakkad – Pin 678 507                                           -           Complainant                                            

(By Adv. Siyavudheen)                       

                                                           V/s

1. The Senior Manger,

    Commercial Division Southern Railway,

Railway Divisional Office,

    Olavakkode,

    Palakkad.

2. Parcel Officer,

    Palakkad Junction Railway Station,

    Olavakkode,

    Palakkad.                                                              -       Opposite parties

   (By Adv.S.T.Suresh)

O R D E R

By Smt. Vidya.A, Member

1.  Pleadings of the complainant in brief

      Complainant is the proprietor M/s Green Valley Biotech which is engaged in the business of Tissue Culture Lab and Nursery. He is conducting business for earning his livelihood. On 9/2/2018, M/s Sheel Bio Tech, in Delhi has sent various Tissue Culture plants in 22 boxes through the parcel service of the opposite party for the complainant’s business purpose. The parcel had to be delivered to the complainant on 11/02/2018 at Palakkad Junction Railway Station. But when he reached the Railway Station on 11/02/2018 for taking delivery of the parcel, the 2^nd opposite party informed that only 16 boxes arrived on that day. The complainant took delivery of 16 boxes as per the receipt issued by the 2^nd opposite party.  The complainant contacted the 2^nd OP several times to enquire about the remaining 6 boxes. But the 2^nd OP did not give any information regarding that. On 15/2/2018, on getting information regarding the arrival of remaining boxes, the complainant approached the parcel office and found that the Gerbera plants in the boxes got destroyed.  

                 Complainant sent reply to the notice send by 1^st opposite party stating that the opposite party is bound to deliver the parcel which is perishable in nature in time, which they failed to comply and the opposite parties are responsible to pay compensation to the complainant for the damages suffered by him.

                 So he approached this Commission for directing the opposite parties to pay Rs.2,30,000/- being the price of the damaged plants together with compensation and to pay the cost of the litigation.

2.  Complaint was admitted and notices were issued to the opposite parties. The opposite parties filed their version. The opposite parties in their version contended that out of the 22 bags booked from New Delhi, 16 bags reached Palakkad Junction on 11/2/2018 which were delivered to the consignee on the same day itself. Due to unavoidable reasons, 6 bags arrived only on 15/02/2018 and the party was immediately intimated and he arrived at the station on the same day and gave a letter of assessment of delivery. The complainant came for assessment of delivery on 2 pm. The officer concerned informed him that the assessment can be made only on production of the purchase bill. Accordingly search for the purchase bill along with segregation was done and the findings are as follows.

1. Some of the saplings were bend to one side and some leaves turned yellow.
2. Plants were invariably good and can be used after natural process.
3. Outer leaves only damaged, but the buds remained alive.
4. Purchase bill was not found in 6 boxes.

      A joint letter was prepared pointing out that the purchase bill was not available, but the complainant refused to sign it. The Divisional Manager prepared a letter on 16/02/2018 stating that auction will be conducted as per rules. The auction was conducted on 20/02/2018,(wrongly mentioned in the version and affidavit as 2019) but the complainant did not attend the auction.  The opposite parties collected the amount of highest bidder of Rs.226/-including GST. The complainant is only entitled to this amount.

3.  Complainant filed Proof affidavit and Exts. A1 to A9 marked from the part of the complainant Exts. A8 & A9 are objected on the ground that they are photocopies. The objection is overruled as the opposite parties have no case that they are forged or concocted. 

Opposite party filed IA 373/22 to cross examine the complaint and it was allowed. Complainant was examined as PW1. Opposite party filed Proof Affidavit and additional Proof affidavit. No documents were marked from the side of the opposite party. Complaint filed IA 430/23 to re-open evidence and to accept photographs; but this IA is dismissed. Both parties filed notes of arguments.

4.  From the pleadings of both parties, the following points arise for consideration.

1. Whether there is any deficiency in service on the part of the opposite parties ?
2. Whether the complainant is entitled to the reliefs claimed ?
3. Reliefs, if any as cost and compensation.

5.   Point No.1

    Complaint averment is to the effect that on 9/2/2018, M/s Sheel Biotech, New Delhi had sent 22 boxes of tissue culture plants for the Tissue Culture Lab and nursery conducted by the complaints through Railway parcel service. The parcel has to be delivered in the Palakkad Junction Railway Station on 11/2/2018. But on that day, when he reached the station for taking delivery of the parcel out of 22 boxes, only 16 boxes arrived. He took delivery of that 16 boxes as per the invoice issued by the 2^nd opposite party’s office. The remaining 6 boxes contain 1500 Gerbera plants each.  He got information from the Opposite parties about the arrival of the remaining 6 boxes only on 15/02/2018. The complainant on inspection found the plants in the 6 boxes were damaged completely. He filed an application before the opposite party to assess the loss suffered by him and to entrust the boxes in his custody. But there was no reply from the part of the opposite parties.

6.  Complainant produced 9 documents which were marked as Exts.A1 – A9 Ext.A1 is the Bill of supply issued by ‘ Sheel Biotech Ltd.’ to M/s Green Valley Biotech owned by the complainant. As per that, the complainant purchased 3 different items of plants for a total amount of Rs.1,13,000/- Ext.A2 is the ‘Partial delivery Certificate’ dated 11/2/2018 issued by Southern Railway. As per that the total number of packages booked is 22 and its weight in Qtl. is 190. Total number of packages received is 16 and its weight on Qtl is 170 and the no. of packages due is 6.

7.  Ext.A3 is the letter dated 12/2/2018 addressed to Parcel office, Palakkad Junction requesting them to give a compensation of Rs.50,000/-being the price of 1500 Gerbera plants for the damage sustained to the complainant. Ext.A4 is the letter dated 16/2/2018 issued from the office of Chief Parcel Supervisor asking the complaint to take delivery of the parcel by surrendering the receipt and paying the Railway dues immediately; other wise the perishable consignment will be disposed off. Ext.A5 is the reply dated 19/2/2018 given by the complainant.

8.  In Ext. A7, the reply given by Opposite party to the request for assessment of consignment made by complainant, the opposite party had requested to produce the consigner’s original trade invoice/beejuck/puttee/Partial delivery certificate along with the request inorder to verify the genuineness  of the consignment, the name of the sender, quantity of goods and other particulars shown in the invoice. Ext.A8 is the reply given by the complainant to this letter stating that somehow the  bill was missed and they requested to calculate the Loss assessment after submitting the GST Bill which they were not ready to accept.

9.  Opposite parties in their version admitted the contention of the complainant that out of the 22 boxes, 16 boxes reached on 11/2/2018 and due to unavoidable reasons 6 bags arrived on 15/2/2018 and the boxes contains green plants of perishable nature. Complainant submitted that the purchase bill is in the 6 boxes to be delivered. Accordingly search for the bill along with segregation was done and they found that

1. Some of the sapling were bend to one side and some leaves turned yellow.
2. Plants were invariably good and can be used after natural process.
3. Outer leaves only damaged, but the buds remained alive.

The purchase bill was not found in these boxes. They conducted auction on 20/2/2019 after giving notice to the complainant and collected the amount of highest bidder of Rs.226/- including GST and the complainant is only entitled to this amount.

10.    From this it is evident that the opposite parties admit that the 6 boxes which contains plants of perishable nature arrived at Palakkad Junction Railway Station on 15/2/2018 ie there was a delay of 4 days in delivering the consignment. Since the parcel contains green plants of perishable nature, the delay of 4 days matters and it is crucial. The findings of opposite party about the saplings is not supported with any expert opinion. There is deficiency in service on the part of the opposite party in not delivering the parcel in time. The complainant has suffered financial loss and mental agony due to the acts of the opposite party and they are bound to compensate the complainant for that.

11.    Points 2 & 3.

          From the findings in point No.1 there is deficiency in service on the part of the opposite parties. The only question is regarding the quantum of damage suffered by the complainant. The complainant failed to produce the purchase bill as demanded by the opposite parties due to its missing. Complainant produced the original Bill of Supply which shows a purchase for Rs. 1,13,000/- According to him, the each boxes contain 1500 Gerbera Plants. Costing Rs.20/- each and he calculated the loss to be Rs.1,80,000/-.

               But in the absence of evidence showing the number of plants in each box and the item, we are not inclined to allow the prayer in toto.

              The complaint is allowed in part. We direct the opposite parties jointly and severally to pay

1. Rs.40,000/- being a reasonable amount for the damages suffered by the complainant.
2. Rs.20,000/- as compensation for the deficiency in service on the part of the opposite party and Rs.20,000/- as cost of the litigation.

     The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.250/- as solatium  per month or part thereof till the date of payment.

Pronounced in open court on this the 7^th day of  August, 2023.

                                                                                              Sd/-

                                                                                     Vinay Menon V

                                                                                President                                              

                                                              Sd/-

                   Vidya.A

                                 Member   

APPENDIX

Documents marked from the side of the complainant:

Ext. A1  : Bill of supply issued by ‘ Sheel Biotech Ltd.’ Dated 7/2/2018.

Ext. A2  : ‘Partial delivery Certificate’ dated 11/2/2018 issued by Southern 

               Railway

Ext. A3  : Letter dated 12/2/2018 addressed to Parcel office Palakkad

Ext. A4  : Letter dated 16/2/2018 issued from the offices of Chief Parcel 

                Supervision

Ext. A5  : The reply dated 19/2/2018 given by the complainant.

Ext.A6 : Letter dated 15/02/2019 addressed to Senior Manager, Commercial

               Devision.

Ext. A7  : Reply given by Assistant Commercial Manager, Southern Railway

Ext. A8  : The letter to Senior Divisional Commercial Manager, Southern  

                Railways, Palakkad, dated 10/03/2018.

Ext. A9  : Request for loss assessment made by complainant to the OP dated 

              10/05/2018.

Documents marked from the side of opposite parties: Nil

Witness examined from the complainant’s side: Complainant PW 1

Witness examined from the opposite parties side: NIL

Cost: 20,000/-

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.