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B. R. GAVAI, B. V. NAGARATHNA
M/s Bawa Paulins Pvt. Ltd – Appellant
Versus
UPS Freight Services (India) Pvt. Ltd. – Respondent
JUDGMENT :
B.V. NAGARATHNA, J.
1. Leave granted.
2. This Civil Appeal has been filed assailing the impugned judgment and order dated 30.04.2015 passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as ‘National Commission’ for the sake of convenience) at New Delhi by which the National Commission has allowed Appeal No. 6 of 2010 filed by respondent Nos. 1 to 3 and set-aside the judgment and order dated 09.02.2009 passed by the State Commission, New Delhi.
3. The National Commission vide impugned order has reduced the amount of compensation to Rs. 10,000/- (Rupees Ten Thousand) as against the amount granted by the State Commission to be paid to the appellant herein i.e. a sum of Rs. 13,79,901/- (Rupees Thirteen Lakhs Seventy-Nine Thousand Nine Hundred and One), together with compensation of Rs. 50,000/- (Rupees Fifty Thousand) and cost of litigation amounting to Rs. 10,000/- (Rupees Ten Thousand).
4. The issue involved in the present appeal is in a very narrow compass and relates only to the quantum of compensation that the appellant is entitled to receive from the respondents.
5. The appellant herein-original complainant, a private limited company, filed
The transporter is liable for damages due to non-delivery of goods as per the contractual agreement, when delivered without obtaining necessary lorry receipts.
Proceedings before Commission being summary in nature, complaints involving highly disputed questions of facts or cases involving tortious acts or criminality like fraud or cheating, could not be dec....
Section 10 of the Carriers Act requires notice of loss but does not apply to non-delivery claims; payment of freight does not negate liability for lost goods.
A party is not entitled to seek relief which he has not prayed for.
Established practices in service contracts may override specific delivery instructions, influencing liability in consumer disputes.
The liability of carriers for damages arises during transportation unless they prove lack of negligence; rights under a subrogation agreement permit maintenance of a complaint by an insurer.
Compensation must align proportionately with the actual damages incurred, and excessive punitive measures without rational basis contravene principles of justice.
Commercial transactions do not qualify for consumer protection under the Consumer Protection Act, 1986.
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