Kamlesh Gupta vs ECONOMIC TRANSPORT ORGANISATION-opposite party

THIS is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

THE complainant is running a retail outlet for handloom and hand-crafted products made by the artisans. THE Self-Employment Women''s Association (here-in-after referred as SEWA) entrusted to the opposite party carrier a consignment of 4 packages of chikan-kari, Salwar-suits, dupattas, gents kurtas to be transported and delivered to the complainant on 27.6.92 at Madras for exhibition and sale to be held in Madras from 18th September to 25th September, 1992. On 11.9.92 she was informed by the opposite party''s office at Madras about the arrival of the consignment and when the complainant went to take delivery on 15.9.92, the opposite party delivered only packages. THE value of the articles in the missing package is Rs. 29,495/and it contained all the choicest pieces which formed an integral part of the other 3 packages. THE complainant sent a letter dated 18.9.92 to the opposite party to deliver the missing package. By its reply dated 22.9.92 the opposite party pleaded that the package must have been over carried to some other destination or should have been mixed up and that it was making best efforts to locate and deliver the said package. THE package was not however delivered. Hence this complaint claiming the value of the consignment, proportionate bank charges, proportionate freight charges, gross margin at 66%, 50% of the margin of goods not sold due to the non-availability of the missing package, advertisement charges, damage due to loss of credibility and interest in all Rs. 1,41,123.45. The opposite party did not dispute the non-delivery of one package. It contended however that the complainant was not entitled to claim anything more than the value of the package namely Rs. 29,495/The other claims are false and fanciful

Exh. A1 to A 20 were marked. The opposite party did not mark any documents. Proof affidavits are filed. No oral evidence has been let in.

THE only point that arises for consideration is what amount of compensation is the complainant entitled. Point: SEWA has delivered a consignment consisting of 4 packages to the opposite party at Lucknow on 27.6.92 for transport and delivery to the complainant at Madras for exhibition and sale and out of the 4 packages only 3 packages have been delivered to the complainant and this is not disputed. There has, therefore, been deficiency in service and we have only to consider the quantum of compensation payable to the complainant.

EXH. A5 contains the list of articles in the package not delivered and the value of the articles is Rs. 29,495/-. This assessment is also not disputed by the opposite party which is therefore liable to pay the said sum. The complainant has claimed proportionate amount of bank charges at Rs. 173/as EXH. A19 and proportionate freight charges at Rs. 70/as per EXH. A3 and both these claims are sustainable. The complainant has claimed a sum of Rs. 19,627/as gross margin of 66% for which there is no basis. There is also no basis for th claim of Rs. 12,738/as 50% of the gross margin for the material not delivered due to the nonavailability of the articles in the lost package. The complainant has also claimed a sum of Rs. 2,100/as cost of paper advertisement, cost of 1500 cards at Rs. 3,000/and cost of postage at Rs. 1,500/expanded for the exhibition. The opposite party cannot be made liable therefor. The claim of Rs. 68,703-10 as damages for loss of credibility is also unsustainable. The complainant is, however, entitled to interest on the sum of Rs. 29,738/from the date of the delivery of the consignment to the opposite party till payment at 18% p.a. In the result, we order as follows: (1) The opposite party shall pay to the complainant the sum of Rs.29,738/-with interest thereon at 18% p.a. from 27.6.92 till payment. (2) The opposite party shall also pay a sum of Rs. 2,000/towards costs to the complainant. (3) The other claims of the complainant are rejected.

Complaint allowed.