BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri K.V.H.Prasad, President
And
Smt.C.Preethi, Member
Wednesday the 14th day of March, 2007
C.C. No.92/2006
The Area Manager,
M/s. Contech instruments Ltd.,
P.S. Naidu,
42-105, Gowli Street,
2nd Line,
Kurnool. …Complainant
-Vs-
1. The Vice President,
ANL, Parcel Service,
Regd. Office No.3-5-87416/5,
Hyderabad,
Hyderabad-500 029.
2. The Manager,
ANL Parcel Service,
A.P.S.R.T.C. Bus- stand,
Nellore.
3. The Manager,
ANL Parcel Service,
A.P.S.R.T.C. Bus-Stand,
Kurnool. …Opposite parties
This complaint coming on this day for orders in the presence of Sri. M.Sivaji Rao Advocate, Kurnool for complainant, and opposite party No.1,called absent set exparte and Sri. C. Jogarao, Advocate, Kurnool for opposite parties No.2 & 3 and stood over for consideration till this day, the Forum made the following:-
ORDER
(As per Smt. C. Preethi, Member)
1. This consumer complaint of the complainant is filed U/S 12 of C.P. Act., seeking a direction on opposite parties to pay cost of the consignment i.e., Rs.25,750/- with 24% interest per annum, Rs.40,000/- towards compensation, cost of the complaint and any other relief or reliefs which complainant is entitled in the circumstances of the case.
2. The brief facts of the complainant’s case is that one M/s. Ismail, Karoda street, Nellore has purchased one Dharmakanta i.e., electronic weighing scale and battery back up worth Rs.25,750/- (Rs.22,000/- + 3,750/-) from the complainant, as the said kanta had some minor problems the said M/s. Ismail returned the same with battery to the complainant’s office at Nellore for minor repairs. On 18-05-05 complainant booked two boxes of consignment vide docket No.G.C./13240546 containing the said weighing scale and battery back up at Nellore to his Kurnool address. The said consignment, not yet reached his Kurnool address and the complainant made repeated requests and demands to trace out the two boxes and there was, several correspondence between the opposite parties and the complainant but the two boxes were not delivered to the complainant. At last on 21-02-2006 the complainant got issued legal notice to all the opposite parties demanding to deliver the electronic weighing scale and battery backup or to pay the cost of lost weighing scale and battery backup and opposite party No.1 replied dated: 03-03-06 disowning their liability. Hence, the complainant was constrained to file this complaint before the forum for redressal.
3. In substantiation of his case the complainant relied on the documents marked as Ex.A1 to A18, besides to the sworn affidavit of the complainant and 3rd party S.Khadar Basha. The opposite party No.3 caused interrogatories to the complainant and 3rd party and the complainant and the 3rd party suitablely replied to the interrogatories caused by the opposite party No.3.
4. In pursuance to the notice of this forum as to this case of the complainant the opposite parties No.2 and 3 appeared through their sanding counsel. The opposite party No.3 filed written version and opposite party No.2 adopted the written version of opposite party No.3. The opposite party No.1 remained absent through out the case proceedings.
5. The written version of the opposite parties denies the complaint as not maintainable either in law or on facts but admits the complainant have booked a parcel from Nellore under G.C./1324054 dated18-05-05 for delivery at Kurnool address of the complainant. On receiving intimation from the complainant about non delivery of the consignment the opposite parties took all necessary steps to search for the lost consignment and its where abouts and at every stage the opposite parties have been informing the complainant about the steps taken by the opposite parties to trace out the consignment. It further submits that to make wrongful gain the complainant did not mention the cost of the consignment at any time during the correspondence between them and the complainant has not disclosed value of consignment as contents of the consignment and the consignment cost was about Rs.25,750/- was not disclosed. If the value of the consignment was higher the complainant ought to have insured the consignment but he has not taken any steps to insure the said consignment. It further submits this forum has no jurisdiction to entertain this complaint as it is clear from the G.C. note that it is agree to submit to the jurisdiction of the court at Hyderabad only. The complainant at any time in the correspondence letters did not mention that the consignment contained electronic weighing scale worth Rs.25,750/- and it is an after thought by the complainant to claim the said costs from the opposite parties. As per terms and conditions of G.C/Note the opposite party is liable to pay a sum of Rs.5 per Kg of actual weight only and the complainant cannot claim as he wishes lastly seeks for dismissal of Complainant with costs.
5. In substantiations of their case opposite parties No.2 and 3 relied on the following documents Viz:(1)Goods consignment note No.132405461 dated:18-05-05 and (2)Proforma of goods form note, besides to the sworn affidavit of opposite party No.2 and 3 in reiteration of their written version and the above documents are marked as Ex.B1 and B2 for its appreciation in this case. The complainant caused interrogatories to the opposite parties 2 and 3 and opposite parties No.2 and 3 suitablely replied to the interrogatories caused by the complainant.
6. Hence, the point for consideration is to what relief the complainant is entitled alleging deficiency of service:?
7. It is the case of the complainant that he booked two boxes with opposite party No.1 from Nellore to Kurnool vide Ex.A1 dated:18-05-05 containing Electronic Weighing Scale and battery backup of one M/s. Ismail Darmakanta, Nellore, who had purchased the said scale and backup from the complainant and as there were some minor problems, the said scale and battery backup were handed over to the complainant for repair, but the said two boxes of consignment did not reach Kurnool. As the said two consignments did not reach Kurnool matter was brought before the notice of the opposite parties immediately vide Ex.A3,A6,A9,A11 and A13, the opposite parties replied vide Ex.A4 and A12 stains that the matter is still under persuation with A.P.S.R.T.C, Yemmiganur and soon after getting information they still revert back.
8. The complainant submitted that due to negligence and carelessness of opposite parties the said scale and backup are missing and the owner of the said scale and backup vide Ex.A2 and A5 pressuring the complainant for return of the same as business was in full swing. The complainant there after on 21-08-05 vide Ex.A8, addressed a letter to the President, Nellore Gold smith association stating that the electronic weighing scale of M/s Ismail Darmakanta was sent to Kurnool branch for repairs through A.N.L./R.T.C parcel but it did not reach Kurnool and requests further time up to 20-09-05 for handed over the new weighing scale and back up to M/s Ismail Darmankanta as they are still persuing the matter with ANL parcel services. The Ex.A15 is the legal notice dated:21-02-06 issued by complainant’s counsel to opposite parties 1 to 3, the same grievances such as the non delivery two consignments containing electronic weighing scale and battery back up booked at Nellore to Kurnool and the said scale and backup belongs to M/s. Ismail Darmankanta, jewellary merchant Nellore and for non delivery of said two consignment by the opposite parties the complainant had no other way except to give new scale to his customer and alleging deficiency of service on opposite parties for not responding properly to trace out the lost scale on back up and claims return of scale and backup or to pay the costs of the scale and backup.
9. The Ex.A9, A10, and A14 are the acknowledgements as to the receipt of Ex.A6, A9, and A13. The Ex.A16 is the reply of opposite parties denying all the material averments of Ex.A5 notice of the complainant as false and alleges that transport charges collected by their company is for weight and not on value of consignment . The Ex.A17 and A18 are the invoices Nos. 344 and 345 for Rs.22,000/- and Rs.3,750/-. The complainant submits that the cost of weighing scale and battery backup is totaling Rs.25,750/- and the opposite parties is liable to pay the said amount.
10. While such is so complainant’s case the opposite party in their written version averments alleges that the contents and value of the consignment were not disclosed in the consignment note at the time of booking and hence the maximum liability of the opposite parties is limited to Rs.5 per kg on the weight of the consignment and there is no admission about liability and deficiency on service of their part as neither the value of the consignment containing electronic weighing scale and battery back up was disclosed nor it was insured.
11. From the discussion made above it is clear that that the two consignments booked by the complainant vide Ex.A1 are not delivered to the complainant. The complainant alleges that the said two boxes contained electronic weighing scale and battery backup, the cost of said scale and back up are Rs.22,000/- and Rs.3,750/- as per Ex.A17 and A18. On the other side the opposite parties denies the version of the complainant that the consignment did not contain a scale and battery backup and alleges their liability to Rs.5 per Kg on the weight of the article book. In this present case on hand there is no written agreement between the parties. In the sense that the condition was not consigned by the complainant. There is nothing to show that the complainant was aware of condition of the consignment and that being aware of the same, he agrees to send the consignment through the opposite parties. A person who signs the document containing contractual terms is normally bound by them even though he has not read them and even though he is ignorant of their precise legal effect. In the absence of his signatures, the opposite parties cannot claim its liability to be limited and cannot now try to escape from the liability, on the grounds that their liability is restricted to Rs.5 per kg on the weight of the consignment only.
12. The 3rd party authority affidavit of Khadar Basha says that his electronic weighing scale and battery backup were handed over to the complainant for repairs at Nellore on 18-5-05 the complainant packed the said scale and backup in two boxes and he was personally present at the time of booking to ensure safe booking and he was present along with the complainant in ANL office in Nellore at Nellore bus stand and the said consignment did not reach Kurnool due to negligence of opposite parties and in answer to interrogatory No.24 he admits that the complainant has given new contech electronic weighing scale C.B.500 model along with battery backup at the force of president of their association. Hence, it remains clear that the complainant has given new scale and battery backup to M/s. Ismail Darmakanta Nellore in place missing scaled backup.
13. The complainant’s sworn affidavit in corroboration with the 3rd party affidavit of Khadar Basha it remains proved, that the said consignments contain electronic weighing scale and battery backup and as said consignments were went missing due to lackes of opposite parties and the said consignment were not delivered to the complainant. Hence, it remains clear that two consignments did not reach the complainant at Kurnool and as it has been already proved that the said two consignments on contained electronic weighing scale and battery backup worth Rs.25,750/- for the said misplacement by the opposite parties they are liable jointly and severely for deficiency of service. Hence, there is clear deficiently of service on part of opposite parties for the said non delivery of consignment to the complainant and it is for the opposite parties to make good for the loss suffered by the complainant. As the complainant was driven to the forum for redressal he is entitled to costs of Rs.1,000/- and the said non delivery of consignment is sufficient inform for the complainant to suffer immense mental agony and the compensation for mental agony is assess to Rs.2,000/-. From the discussions made above, the decisions relied by the Opposite Parties have little relevancy in its appreciation in the case.
14. Consequently, the complaint is allowed directing the opposite parties 1 to 3 jointly and severally to pay to the complainant Rs.25,750/- (cost of electronic weighing machine and battery backup) along with compensation for mental agony at Rs.2,000/- and costs of Rs.1,000/- within a month from the date of receipt of this order. In default the opposite parties 1 to 3 are jointly and severally liable to pay the supra awarded amount with 9% interest from the date of default till realization.
Dictated to the Stenographer transcribed by him, corrected and pronounced in the Open bench on this the 14th day of March, 2007.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite parties: Nil
List of exhibits marked for the complainant:-
Ex.A1 Attested xerox copy of goods consignment note dt:18-5-2005.
Ex.A2 Letter, dt:09-6-2005 addressed by M/s. Ismail Darma Katai, Nellore to
the complainant along with receipt as to gold weighing machine as to
repair.
Ex.A3 office copy letter, dt:11-6-05 of complainant addressed to opposite
party No.1.
Ex.A4 Letter, dt:17-6-05 addressed to complainant by opposite party
No.1(Reply to Ex.A3.).
Ex.A5 Letter, dt:23-7-05 addressed by M/s. Ismail Dharma Kata to
complainant.
Ex.A6 Letter, dt:25-7-05 addressed to opposite party No.1 by complainant.
Ex.A7 Attested xerox copy of ledger from 21-7-05 to 25-7-05.
Ex.A8 office copy of letter, dt:22-8-05 addressed by complainant to president,
Nellore Gold Smith Association.
Ex.A9 Letter, Dt:29-8-05 addressed by complainant to opposite party No.1.
Ex.A10 Attested xerox copy of Leadger from 29-8-05 to 30-8-05.
Ex.A11 Letter dt:09-9-05 of complainant to General Manager, ANL parcel
Service, Hyderabad of opposite party No.1.
Ex.A12 Reply dt:14-9-05 of opposite party to complainant.
Ex.A13 Letter, dt:05-12-05 of complainant to G.M. to opposite party No.1.
Ex.A14 Attested xerox copy issued by courier as to dispatch of Ex.A13 at
S.No.15.
Ex.A15 office copy of legal notice, dt:21-2-06 along with postal receipts and
acknowledgments (each 3).
Ex.A16 Reply, dt:03-3-06 of opposite party to Ex.A15.
Ex.A17 Invoice No.344, dt:14-8-04.
Ex.A18 Invoice no.345 dt:14-8-04.
List of exhibits marked for the opposite parties:-
Ex.B1 Goods consignment note No.13240543. dt:18-5-05.
Ex.B2 Proforma of goods forming note.
MEMBER PRESIDENT
Copy to:-
1. The Area Manager, M/s. Contech instruments Ltd., P.S. Naidu,
42-105, Gowli Street,2nd Line, Kurnool.
2. Sri. M.Sivaji Rao, Advocate, Kurnool.
3. The Vice President, ANL, Parcel Service, Regd. Office No.3-5-87416/5,
Hyderabad, Hyderabad-500 029.
4. The Manager, ANL Parcel Service, A.P.S.R.T.C. Bus- stand, Nellore.
5. The Manager, ANL Parcel Service, A.P.S.R.T.C. Bus-Stand, Kurnool.
6. Sri. C. Jogarao, Advocate, Kurnool.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
