Liability for loss of consignment due to negligence and deficiency of service.

Mr. Justice S.A. Kader, President — This is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

2. The complainant delivered on 25.1.92,18 card board boxes containing Stainless Steel Cook wares to the second opposite party to be transported from Madras to Bombay under lorry receipt No. 808708 and delivered the same to the consignee Ramson Industries, Bombay-2. A sum of Rs. 974/- was paid towards transport charges. The consignment did not reach the destination. Hence the complaint for recovery of the value and compensation.

3. The opposite parties in their joint counter denied the liability. According to them they sent these goods and other goods to Bombay through lorry bearing Regn. No. MMK 3447 belonging to M/s. Neerala Roadways. The lorry has not reached Bombay. It was on verification found that the registration No. MMK 3447 did not relate to lorry. A police complaint has been preferred and it is pending under investigation. The loss is only due to the deficiency of service on the part of Neerala Roadways. The opposite parties pointed out that the complainant has declared the value of the goods at Rs. 40,000/- only and it cannot now increase the value to Rs. 1,14,338-95 claimed in the complaint. The claim for loss of Export Orders and for loss of Mental pain and agony is unsustainable.

4. Exh. A1 to A16 and B1 to B5 are marked by consent. Proof affidavits are filed. No oral evidence has been led in.

5. Exh. A1 is the consignment note under which the complainant has delivered 18 card board boxes containing Stainless Steel Cook wares to be transported from Madras to Bombay and delivered to the consignee M/s. Ramson Industries. They were intended for exports. Admittedly, the consignment has not been delivered to the consignee. The explanation of the opposite party is that they sent this consignment alongwith other consignments lorry bearing Registration No. MMK 3447 belonging to M/s. Neerala Roadways and the lorry has not reached the destination. The said lorry with the consignment is missing. According to the opposite party, the default is committed by M/s. Neerala Roadways. So far as the complainant is concerned, no claim can be made against the Neerala Roadways. The complainant has entrusted the goods only to the opposite parties and they are alone liable to make the payment to the complainant. The dispute between the opposite parties and Neerala Roadways is a matter with which the complainant is not concerned. Inasmuch as the opposite parties have accepted the consignment for transport from Madras to Bombay and they have failed to do so and so they are liable to pay compensation to the complainant as they are guilty of negligence and deficiency of service.

6. Now to the question of quantum of compensation. No doubt in Exh. B3 forwarding note, the value of the goods is Rs. 40,000/- but it is mentioned therein as approximate value. Exh. A2 is the invoice which clearly shows that the total value is Rs. 43,529.65. The complainant is entitled to the payment of this amount with interest thereon at 18% p.a. from the date of delivery i.e. on 25.1.92.

7. The complainant has claimed another sum of Rs. 3.5 lakhs on the ground that the complainant has lost export orders. This claim is also speculative and it is not supported by any evidence. It has, therefore, to be disallowed.

The complainant has claimed another sum of Rs. 1,14,338.95 being the amount it would have earned if the consignment had been delivered. This claim is also speculative and the Learned Counsel for the complainant has made an endorsement giving up this claim.

8. A sum of Rs. 50,000/- is claimed as damages for pain and suffering. We are inclined to award a sum of Rs. 10,000/- on this score.

9. In the result, we order as follows:

(1) The opposite party shall pay to the complainant a sum of Rs. 43,529.65/- with interest thereon at 18% p.a. from 25/1/92 till realization.

(2) The opposite party shall also pay a sum of Rs. 10,000/- to the com