SHATABDI TRAVELS vs Arvind Kumar Gupta

THIS appeal is directed against the ex parte final order dated 11.8.1997 passed in Case No. 348/96 by the District Consumer Disputes Redressal Forum, Gwalior (for short the ''District Forum''), whereby the complaint for deficiency in service in not delivering the luggage that is two bales of readymade garments of which the appellant charged the fare was allowed and an order was made to pay the amount of Rs. 35,689/- with interest thereon at the rate of 18 percent per annum from 14.8.1996 and Rs. 1,000/- as compensation and Rs. 500/- as costs of the proceedings.

AFTER hearing learned Counsel for the parties the submission in the absence of evidence of the respondent that he acted only as a travel agent and charged the commission from the owner of the vehicle of issuing ticket for passenger and luggage cannot be accepted. Admittedly, the fare of luggage was charged of the two bales of readymade garments which were kept in the carrier at the top of the roof of the vehicle. According to the respondent, when he deboarded the bus, he did not find his boxes of the readymade garments. When he failed in his efforts to get the boxes or its value from the appellant or the alleged owner of the bus he filed the complaint. The appellant after notice filed the written statement but did not appear in the case, to adduce the evidence in defence. The District Forum, on the material adduced by the respondent allowed the complaint. In the absence of the evidence to support the defence, the District Forum in our opinion rightly found deficiency in service and ordered to return the amount of Rs. 35,689/-. However, the order of payment of interest at the rate of 18 percent per annum is excessive. The ends of justice would meet if the simple interest at the rate of 6 percent per annum on the amount be ordered to be paid. When the interest has been awarded as compensation for damages, question of award of compensation of Rs. 1,000/- does not arise. See, the decision of the National Commission in Kedar Das v. M.L. Jalaj Motor Transport Co., III (2000) CPJ 11 (NC)=2001 (1) CCC 64 (NS).

In view of the above, we direct the appellant to pay the amount of Rs. 35,689/- with interest thereon at the rate of 6 percent per annum from 14.8.1996 and Rs. 500/- as costs of the proceedings as awarded by the District Forum within a period of one month from the date of receipt of certified copy of this order failing which the interest shall be payable at the rate of 9 percent per annum from the date of this order.

IN the result, the appeal is partly allowed. The order of the District Forum shall stand modified as indicated hereinabove. A copy of this order be conveyed to the parties and a copy be sent to the District Forum along with the record of the case. Appeal partly allowed.