LOYAL MACHINE WORKS LTD. vs SKY PAK COURIERS (P) LTD.

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

THE complainant is manufacturing carding machines. It received an order from M/s. Datta Shetkari Vinkari Soot Girni Ltd., Ichalkaranji for supply of 10 such machines. THE General Manager of the complainant-company received two demand drafts from the said company in favour of the complainant bearing draft Nos. 88242 and 886243 for Rs. 9 lakhs and Rs. 9,62,500/- respectively in all amounting to Rs. 18,62,500/- as advance. Since the General Manager had to continue at Kolharpur for some more days, he sent these two drafts to the Head Office at Coimbatore through the opposite party on 5.6.91. THE consignment was not delivered at Coimbatore. THE matter had been referred to M/s Datta Shetkari Vinkari Sahakari Soot Girni Ltd., Ichalkarhnji, which issued the drafts and fresh demand drafts were issued 6-1/2 months later. THE complainant had borrowed heavily and had to pay interest to the tune of Rs. 2,42,125/-. It had also to spend Rs. 25,000/- for getting fresh demand drafts. It lost reputation which is estimated at Rs. 50,000/-. In all the complainant claimed compensation in the sum of Rs. 3,17,125/-. The opposite party admitted that the consignment was lost in transit and the same was reported to the complainant on 27.6.91 itself. The maximum permissible bank interest that the complainant could claim is only for a period of 3 weeks and the same cannot exceed Rs. 20,000/-. The six months delay in getting fresh demand drafts is extra-ordinary and the opposite party is not liable therefore.

Exhibits A-1 to A-11 and B-1 and B-2 are marked, proof affidavits are also filed.

IT is admitted that the complainant''s General Manager delivered 2 demand drafts to the opposite party on 5.6.91 at Kolhapur for delivery to the complainant at Coimbatore. The drafts are of the value of Rs. 18,62,500/-. Admittedly they have been lost in transit. There is therefore deficiency of service and this is not disputed before us. The only question is about the compensation. According to the complainant it took 6-1/2 months to get fresh demand drafts'' and in the meanwhile it had to pay heavy interest to the Bank to the tune of Rs. 2,42,125/-. But there is absolutely no evidence to substantiate this claim. Another sum of Rs. 25,000/- is claimed as expense of time, money and effort for arranging to get fresh demand drafts. This again is untenable. A sum of Rs. 50,00/- is claimed for compensation for loss of reputation, We do not think that any question of loss of reputation arise. But this is certainly a case where the complainant has been put to mental pain and agony because of the loss of the drafts during transit. A sum of Rs. 25,000/- as compensation in our view, will be sufficient to meet the ends of justice.

IN the result we direct the opposite party to pay to the complainant compensation in the sum of Rs. 25,000/- and costs of Rs. 2,000/-. Complaint allowed with costs.