State Consumer Disputes Redressal Commission
M.S. Verma vs Blaze Flash Courier Ltd. on 10 July, 2008
H H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA Appeal No. 410/2007. Date of Decision 10.7.2008. Sh. M.S. Verma S/o late Sh. Ratti Ram R/o Vill. Shahal, PO Bhoant, Tehsil & Distt. Shimla, HP. . Appellant. Versus 1. Blaze Flash Courier Limited Corporate Office Blaze Flash House, 2E/8, Jhandewala Extension, New Daelhi-55, 2. Branch Office, Bhai Karam Singh and Sons, Middle Bazaar, Shimla, HP through its Branch Manager. . Respondents. Honble Mr. Justice Arun Kumar Goel, President. Honble Mrs. Saroj Sharma, Member.
Whether Approved for reporting? Yes.
For the Appellant. Mr. Bunesh Pal, Advocate vice counsel Mr. Tek Chand Sharma, Advocate.
For the Respondents. Mr. Ranvijay Singh, Advocate vice counsel Mr. Digvijay Singh, Advocate.
O R D E R:
Justice Arun Kumar Goel (Retd.) President (Oral) Heard learned counsel for the parties.
Admitted facts of this case are that a courier was sent by the appellant through respondent No.2, an authorized agent of respondent No.1. This was sent with a view that it would expeditiously reach the addressee.
Another fact that was argued at the time of hearing is, that the appellant is an employee of the Postal Department, but instead of availing the speed post service of the Post and Telegraph Department, he chose to send the certificate required by his son who was studying in MBA at Faridabad, through the respondents.
2. Admittedly it was sent and receipt in this behalf is Annexure C-1. It is signed by the complainant which position was not disputed at the time of hearing on behalf of the appellant. District Forum below in these circumstances has allowed Rs. 100/- for delayed delivery of the letter in question to the addressee, besides Rs. 1000/- as cost. Respondents are not aggrieved from this order. Whereas appellant has filed this appeal with a prayer to allow compensation on account of laxity/remissness/negligence on the part of the respondents as delay occurred and it resulted in the denial of scholarship to his son based on income criteria because on the basis of the income of complainant his son was entitled to scholarship of Rs. 60,000/- per year during the tenure of his study.
3. With a view to support his submission that his client is entitled to compensation, reliance is placed by Mr. Bunesh Pal, learned counsel for the appellant on a decision of Bihar State Commission in the case of Anil Kumar Vs. D.T.D.C. Courier, 1 (2007) CPJ 426. Thus he urged that compensation needs to be allowed to the extent of actual loss suffered by his client. All these pleas were seriously contested on behalf of the respondent and reliance is placed in this behalf on a decision of the Honble Supreme Court in the case of Bharathi Knitting Company Vs. DHL Worldwide Express Courier Division of Airfreight Ltd. (1996) (4) SCC 704.
4. A person ordinarily sends a communication for its expeditious delivery through speed post/courier service, but when the parties enter into a written contract like Annexure C-1, then they are bound by such terms. A perusal of Annexure C-1 clearly mentions that liability of respondent No.1 for any loss or damage to the consignment in transit or for any delay in delivery of the consignment, shall only be restricted/limited to Rs. 100/- for each domestic consignment. Once the parties had contracted, then the judgment of the Honble Supreme Court in Bharathi Knitting Company Vs. DHL Worldwide Express Courier Division of Airfreight Ltd (supra), fully covers this case, and with respect we cannot follow the decision of Bihar State Commission relied upon by Mr. Bunesh Pal on behalf of the appellant.
5. No other point is urged.
In view of the aforesaid discussion, we find no merit in this appeal, which is accordingly dismissed, leaving the parties to bear their own cost.
Learned counsel for the parties have undertaken to collect the copy of this order from the Reader free of cost as per rules.
Shimla.
10th July, 2008.
(Justice Arun Kumar Goel) Retd.
President.
(Saroj Sharma), d.kZ* Member.