GATI CARGO MANAGEMENT SERVICES vs SITHAM FLUID SEALS PVT. LTD.

THE consignment containing of 3 packages of goods worth Rs. 66,300/- was sent to Mumbai for delivery to the consignee. THE consignment was not delivered. On account of it, the consignee M/s. Crompton Greaves Ltd., cancelled the order. Thus, there is deficiency in service. Hence, the complainant prays direction to the opposite parties to pay the value of the consignment.

THE opposite parties contended that out of the 3 packages, 2 packages were ready for delivery to M/s. Crompton Greaves Ltd., But, they refused to take delivery. THE value of goods was not Rs. 66,300/-. THE Opposite parties are not responsible for the missing of the package which was beyond its control. THE opposite parties are willing to deliver two packages which are lying in their branch office at Mumbai. The lower Forum held that there was deficiency in service and granted a compensation of Rs. 5,000/- and further directed the opposite parties to pay the value of the consignment at Rs. 66,300/- with interest @ 18% from 12.3.1998 till payment along with a cost of Rs. 5,000/-.

It is not disputed that the packages were not delivered to the consignee. Even according to the statement of the opposite parties, the consignment consisted of 3 packages of which only 2 packages were available and they are available in their godown. The consignee having booked a consignment cannot be expected to take part delivery nor there is any duty cast upon him to do so. Therefore, rightly the consignee refused to take delivery of part of consignment. In such circumstances, as admittedly delivery has not been effected there is deficiency in service. In such circumstances, we hold that there is no material to interfere with the findings of the lower Forum.

IN the result, this appeal is dismissed with cost confirming the order of the lower Forum. Cost Rs. 250/-. Time for compliance : Two months. Appeal dismissed.