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Consumer Protection Council, Rourkela |
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Consumer Protection Council, Rourkela |
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Courier directed to pay compensation and cost to the consignor, as the consignment note is not signed by him and the terms and conditions on the reverse, which are in small print had not been explained to him. National Consumer
Disputes Redressal Commission,
Revision
Petition No. 2086 of 2000
Osuri
Devendra Phanikar
-- Petitioner
Before: Hon'ble Mr. Justice D.P.Wadhwa, President, Mr. B.K.Taimni, Member, Hon'ble Mr. Justice K.S.Gupta, Member. ORDER JUSTICE D.P. WADHWA, J. (PRESIDENT). Petitioner was complainant before the District Forum. His complaint was that he sent a consignment containing some important papers to his son who was studying in Class XII at Chennai. Complainant himself is a resident of West Godavari District in Andhra Pradesh. Consignment was sent through the opposite party named as 'Desk to Desk Courier and Cargo Limited'. The consignment did not reach his son and accordingly, complainant lodged a complaint to District Forum. On the basis of the consignment note District Forum awarded the complainant the compensation of Rs. 100/- and cost of Rs. 100/-. Against this order, complainant filed appeal before the State Commission claiming enhancement and compensation in cost. The appeal was dismissed. Aggrieved complainant has come before us. It has been pointed out by Mr. Nitinjya Chaudhry, Advocate that there is an error in the exercise of jurisdiction by the District Forum as well as by the State Commission. He said the case of the complainant is covered in the case of Tata Chemicals Limited vs. Skypak Courier Pvt. Ltd. (OP 66 of 1992) decided on 14-12-2001. It is quoted as II(2002)CPJ 24(NC). The consignment note is not signed by the complainant and the conditions on the reverse are of a small print which were not explained to the complainant. There was clearly deficiency in service since the consignment containing papers was not delivered to the son of the complainant. As to what the consignment contained there is no evidence. But the fact remains that there was deficiency in service by the courier and for which we grant Rs. 5,000/- as compensation to the complaint. Complainant would also be entitled to cost which we assess as Rs.1,000. Revision Petition is allowed and the orders of the District Forum and State Commission are modified to the extent aforementioned.
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