KEYA INTERNATIONAL vs EAST WEST FREIGTH CARRIERS PVT. LTD.

THE complainant in this complaint has sought for recovery of Rs. 15,41,555.34 ps. with interest and cost.

THE case of the complainant is that, the complainant is a partnership firm engaged in the manufacturer and export of Garments. THE complainant was required to ship the consignment of Garments by 31st January 1999, as a FOB Shipment to its Customer-M/s. Headworx (Europe) Ltd. at London. Accordingly, the complainant engaged the services of the O.P. for transportation of 60 cartons of garments and to hand over the same to the opposite party on 12th March, 1999. As per the agreement, the said cartons were to be delivered to M/s. Headworx at London on 17th March, 1999. Pursuant to that, the O.P. has undertaken to transport the 60 cartons, and accordingly, had taken delivery of the 60 cartons of garments from the complainant. THE grievance of the complainant is that the O.P. having undertaken to deliver 60 cartons, has delivered only 45 cartons on 26.3.1999, instead of 17.3.1999. Out of 15 cartons are concerned, which were missing it appears, 13 cartons were traced and transported, and delivered to M/s. Headworx at London on 14th May, 1999. In so far as the late delivery of 45 cartons are concerned, the consignee has deducted 20% of the Invoice Value and debited the same to the account of the complainant. This according to him is the loss, caused to the complainant. So far as 13 cartons are concerned, the consignee has taken delivery of the said cartons. According to the complainant, the complainant is entitled towards the value of these 13 cartons, but, nothing is produced by the complainant to show that the consignee has deducted any amount for the late delivery of the consignment. THE fact that, the complainant has engaged the services of the opponent for transportation of the 60 cartons from Bangalore to London is not disputed. THE fact that from out of the 60 cartons, only 45 cartons were delivered on 26.3.1999 is also, not disputed. THE fact that, the 13 cartons were also delivered to the consignee on 14.5.1999, is also, not disputed. Non-delivery of two cartons to the consignee by the O.P. is also, not disputed. On these undisputed facts what is required to be considered is: How much the complainant is entitled for compensation from the O.P.? In so far as late delivery of 45 cartons is concerned, the complainant has produced the document to show that the consignee has debited 20% of the invoice value to the account of the complainant. If that is so, so far as this amount is concerned, we are of the view that, the complainant is entitled to recover the same from the O.P. The non-delivery of two cartons is concerned, the O.P. having undertaken to deliver to the consignee and having not delivered, the O.P. is liable to pay the value of these two cartons. As per the affidavits filed by the parties, the value of these two cartons is 1572 $, weighing 27.60 kgs. But, in respect of late delivery of 13 cartons is concerned, the complainant has not produced any material to show that, the consignee has debited any amount to the account of the complainant. If that is so in the absence of establishing any loss consequent on the late delivery is concerned, we hold, the complainant is not entitled to recover the same from the O.P.

As stated above, the 20% of the invoice value for the delay in delivery of 45 cartons comes to 5278 $. The value of two cartons comes to 1572 $, in total it comes to 6850 $. Because of the non-delivery of the cartons well in time in our view, the complainant has suffered a mental agony and also might have resulted in causing some loss in his business. Keeping this fact in our mind, we hold the complainant is entitled for compensation of Rs. 25,000/- from the O.P. Hence, the order is passed in the following terms: The complaint is disposed of. (1) The complainant is entitled to recover the amount of Rs. 2,98,523/-, which is equivalent to 6850 $, as on the date of complaint (1 US $ = Rs. 43.58) from the O.P. with interest at 18% per annum from the date of the complaint till realisation. (2) The complainant is also entitled to recover a sum of Rs. 25,000/-, as damages towards the mental agony and harassment from the O.P. (3) The O.P. is also directed to pay a sum of Rs. 10,000/- as a cost of this proceeding. (4) The O.P. is given two months'' time to comply with this order.

Complaint disposed of.