Courier company, dealer fined

Surya Pharmaceuticals based in sector 9, Chandigarh alleged that they had booked a consignment with On Dot Couriers and Cargo Limited on September 30,2013 which contained C-Forms (a form issued by the sales tax department to the registered sales tax payer) which was addressed to Universal Agro, Kathua, Jammu and Kashmir. The courier was to reach its destination within three working days. However, the consignment was never delivered and then they approached Sunrise Enterprises, a dealer of couriers in sector 7 through which the consignment had been order but to no avail.

They further added that another consignment had been ordered through the courier dealer on December 4,2013 which contained sales tax returns of the pharmaceutical company’s plant in Jammu and was also addressed to Universal Agro. However, the said consignment reached its destination much after the three days that had been assured to them which resulted in the company paying a heavy sum for delay. Thus due to delay in delivery and loss of consignment, a complaint was lodged at the consumer court.

A notice to Sunrise Enterprises was duly served, but neither it nor any authorized agent on its behalf was present as a result the case was proceeded against ex parte.

On Dot Couriers and Cargo Limited in their reply stated that the complainant approached Sunrise Enterprises for booking of consignment and did not avail any service from them. Hence, the complaint against them deserves to be dismissed and the complainant has also not brought any insurance cover or any documents showing the value or contents of the consignment at the time of booking.

It also added that when the misplacement of consignment was reported, the matter was reported to the police and a DDR was lodged. Also as per terms and conditions mentioned on the consignment note, it is specified that they are only liable to pay a maximum of Rs.100 per consignment for any loss to the consignment within India.

On the day of the hearing the forum presided by Justice PL Ahuja noted that since the consignment receipts were prepared by Sunrise Enterprises, it was their duty to get the value mentioned there which they failed to do so.