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M/s Associated Road Carriers Ltd., & Others v/s M/s Saint Guardian Health Care & Another


Company & Directors' Information:- ASSOCIATED ROAD CARRIERS LTD [Active] CIN = U63090WB1972PLC028346

Company & Directors' Information:- M R HEALTH CARE PRIVATE LIMITED [Active] CIN = U24232UR2006PTC031319

Company & Directors' Information:- HEALTH CARE (INDIA) LIMITED [Active] CIN = U24231TN1988PLC016493

Company & Directors' Information:- ASSOCIATED INDIA PRIVATE LIMITED [Active] CIN = U51109AS2000PTC006031

Company & Directors' Information:- J D HEALTH CARE PRIVATE LIMITED [Active] CIN = U15497WB2004PTC097974

Company & Directors' Information:- T. C. HEALTH CARE PRIVATE LIMITED [Active] CIN = U74899UP1985PTC037371

Company & Directors' Information:- R. K. CARRIERS INDIA PRIVATE LIMITED [Active] CIN = U63011RJ2008PTC025697

Company & Directors' Information:- D P CARRIERS PRIVATE LIMITED [Active] CIN = U63090BR2015PTC025483

Company & Directors' Information:- Y K M HEALTH CARE PRIVATE LIMITED [Active] CIN = U85100AP2007PTC056256

Company & Directors' Information:- S V S HEALTH CARE PRIVATE LIMITED [Active] CIN = U85110UR1991PTC013184

Company & Directors' Information:- A R K HEALTH CARE PVT LTD [Active] CIN = U24299CH1997PTC020705

Company & Directors' Information:- CARRIERS INDIA PRIVATE LIMITED [Active] CIN = U63090AS1983PTC002120

Company & Directors' Information:- R S K HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U85100DL1992PTC050311

Company & Directors' Information:- R. N. K. HEALTH CARE PRIVATE LIMITED [Active] CIN = U74900WB2013PTC195733

Company & Directors' Information:- N E HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U85120AS2003PTC007118

Company & Directors' Information:- K R HEALTH CARE PRIVATE LIMITED [Active] CIN = U85110TZ2000PTC009327

Company & Directors' Information:- S S HEALTH CARE PRIVATE LIMITED [Active] CIN = U74899DL1987PTC030080

Company & Directors' Information:- N F T CARRIERS PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048759

Company & Directors' Information:- S P HEALTH CARE PRIVATE LIMITED [Active] CIN = U24232WB2003PTC097319

Company & Directors' Information:- K G CARRIERS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038073

Company & Directors' Information:- A AND A HEALTH CARE PRIVATE LIMITED [Active] CIN = U33112DL2002PTC114051

Company & Directors' Information:- K & K HEALTH CARE PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059782

Company & Directors' Information:- V S CARRIERS PVT LTD [Strike Off] CIN = U60210CH1993PTC013461

Company & Directors' Information:- K S P CARRIERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1998PTC093100

Company & Directors' Information:- SAINT CO INDIA PRIVATE LIMITED [Active] CIN = U74899DL1982PTC013436

Company & Directors' Information:- N R P HEALTH CARE PRIVATE LIMITED [Active] CIN = U85300BR2021PTC052209

Company & Directors' Information:- M R CARRIERS PRIVATE LIMITED [Strike Off] CIN = U34201UP1990PTC012236

Company & Directors' Information:- A P T CARRIERS PRIVATE LIMITED [Strike Off] CIN = U63090UP1996PTC021093

Company & Directors' Information:- A M C HEALTH CARE INDIA PRIVATE LIMITED [Active] CIN = U85110TN2008PTC066650

Company & Directors' Information:- M L CARRIERS PRIVATE LIMITED [Active] CIN = U60231WB2010PTC145677

Company & Directors' Information:- O. L. HEALTH CARE PRIVATE LIMITED [Active] CIN = U85300WB2017PTC220471

Company & Directors' Information:- S V HEALTH CARE PRIVATE LIMITED [Active] CIN = U85110DL2006PTC145004

Company & Directors' Information:- N & N HEALTH CARE PRIVATE LIMITED [Active] CIN = U85110OR2021PTC036397

Company & Directors' Information:- ROAD CARRIERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U60231KA1984PTC006573

Company & Directors' Information:- A S K CARRIERS LTD [Active] CIN = U63011CH1993PLC013972

Company & Directors' Information:- G. S. CARRIERS PVT LTD [Strike Off] CIN = U60210PB1988PTC008830

Company & Directors' Information:- J P CARRIERS PRIVATE LIMITED [Strike Off] CIN = U51109UR1982PTC005524

Company & Directors' Information:- INDIA CARRIERS PRIVATE LIMITED [Active] CIN = U60231BR1972PTC000947

Company & Directors' Information:- D S G CARRIERS P LTD [Active] CIN = U63090WB1990PTC050273

Company & Directors' Information:- J. S. HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U51397HR2008PTC037595

Company & Directors' Information:- S S CARRIERS PVT LTD [Strike Off] CIN = U60231PB1989PTC009613

Company & Directors' Information:- A AND Z CARRIERS PRIVATE LIMITED. [Strike Off] CIN = U60231JK1997PTC001652

Company & Directors' Information:- J K CARRIERS PRIVATE LIMITED [Strike Off] CIN = U60210PN1999PTC013303

Company & Directors' Information:- B M R HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC192000

Company & Directors' Information:- R M CARRIERS PRIVATE LIMITED [Active] CIN = U60231WB2012PTC182799

Company & Directors' Information:- T D HEALTH CARE PRIVATE LIMITED [Active] CIN = U85195WB2009PTC135107

Company & Directors' Information:- D P HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U24231DL2003PTC120730

Company & Directors' Information:- D D ASSOCIATED PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1987PTC026329

Company & Directors' Information:- M G HEALTH CARE PRIVATE LIMITED [Active] CIN = U85195MH2001PTC130460

Company & Directors' Information:- N V HEALTH CARE PRIVATE LIMITED [Active] CIN = U74999MH2016PTC280079

Company & Directors' Information:- P P ROAD CARRIERS PRIVATE LIMITED [Strike Off] CIN = U60231TG2011PTC076046

Company & Directors' Information:- R P M HEALTH CARE PRIVATE LIMITED [Under Process of Striking Off] CIN = U24233UP2007PTC034056

Company & Directors' Information:- H V HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U24239DL2003PTC121596

Company & Directors' Information:- R M HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC050925

Company & Directors' Information:- S & G HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U51397MP2008PTC020393

Company & Directors' Information:- R AND G HEALTH CARE PRIVATE LIMITED [Active] CIN = U85199KL2003PTC016352

Company & Directors' Information:- P U R V HEALTH CARE PRIVATE LIMITED [Active] CIN = U85100UP2020PTC138218

Company & Directors' Information:- A J CARRIERS PVT LTD [Strike Off] CIN = U60210WB1972PTC028238

Company & Directors' Information:- V A HEALTH CARE PRIVATE LIMITED [Strike Off] CIN = U85195DL2006PTC153744

    F.A.No.172 of 2009 against C.C.No.89/2008 District Forum-II, Visakhapatnam

    Decided On, 22 July 2011

    At, Andhra Pradesh State Consumer Disputes Redressal Commission Hyderabad

    By, HONOURABLE MR. JUSTICE D. APPA RAO
    By, PRESIDENT & MR. R. LAKSHMINARSIMHA RAO
    By, MEMBER

    For the Appellants : M/s. Valluri Mohan Krishna, Advocate. For the Respondents : Sk.Nagur Saheb)-R1, Advocate, R2-served by publication.



Judgment Text

Oral Order: (Per Sri R.Lakshminarasimha Rao, Hon’ble Member).

1. Feeling aggrieved by the order of the District Forum, the Opposite Parties 2 to 4 filed the appeal contending that the complaint is not maintainable since the consignment note does not contain the Complainant’s name as the consignee and that the complainant is not a consumer as also that the Complainant has not established the loss it had suffered due to the damage of 86 bottles of syrup viz., SGZYME.

2. The opposite Parties 2 to 4 are the Appellants. For the sake of convenience, the parties are referred to as they have been arrayed in the complaint.

3. The complainant entered into an agreement on 14-12-2006 with the opposite parties and in pursuance of the terms of the agreement placed an order for manufacture and supply of the 2560 bottles of SGZYME Syrup. The First Opposite Party packaged 2560 bottles of the Syrup in 86 card board packages and consigned them on 31-05-2007 to the 3rd opposite party at Dehradoon for its transportation to Visakhapatnam. The consignment was to be delivered to the Complainant through the 4th opposite party. A tax invoice bearing No.19 dated 31-05-2007 for Rs.44,450/- was issued by the 1st opposite party. On 21-06-2007, the 4th opposite party informed the Complainant about the arrival of the Consignment and requested it to pay freight charges of Rs.5,200/-. On 26-06-2007, the Complainant had found that there was leakage of Syrup from the 86 packages. The packages along with bottles were photographed and a Compact Disc(CD) was pressed into service for recording proceedings. The 4th opposite party demanded demurrage charges from the Complainant. The complainant addressed letter dated 01-10-2007 to the 2nd opposite party with a request to waive the demurrage charges and issued instructions to the 4th opposite party to deliver the consignment and issue a certificate to the effect that the bottles were damaged. The Complainant got issued notice on 29-10-2007, claiming Rs.1,40,800/- from the opposite parties 1 to 4. The 2nd opposite party had given a reply denying any negligence on their part.

4. The 1st Opposite Party contended that it is not a necessary party to the proceedings and the complaint is bad for misjoinder of the parties, as also there was no deficiency of service on its part. It is contended that the District Forum has no jurisdiction to entertain the complaint against the 1st Opposite Party as it has no Branch Office at Visakhapatnam.

5. The 4th Opposite Party resisted the claim contending that the consignment was entrusted to the 3rd opposite party at the Dehradun for its transportation to Visakhapatnam and there was no deficiency of service on its part. The complainant ought to have proceeded against the 1st opposite party alone. The 4th opposite party requested the Complainant to take delivery of the consignment on payment of demurrage charges.

6. The proprietor of the complainant Firm V.V.S.S.Satyanarayana has filed his affidavit and the documents Exhibits A-1 to A-31. A CD was marked as MO-1. No documents have been filed on the side of the Opposite Parties.

7. The District Forum has allowed the complaint and awarded an amount of Rs.44,550/- with interest @ 12% p.a., besides a sum of Rs.5,000/- towards compensation. The District Forum has dismissed the complaint against the OP No.1

8. The Point for consideration is whether the Opposite Parties 2 to 4 are liable to pay the amount claimed by the Complainant.?

9. The learned counsel for the opposite parties 2 to 4 has contended that the complaint is not maintainable since the consignment note does not contain the Complainant’s name as the consignee. It is true in the column 'Name and Address of the Consignee' it is mentioned 'Self' 'A/c of M/s SAINT GUARDIAN HEALTH CARE, VISAKHAPATNAM'. Though the words Self have been mentioned in the column, consignee address, the name of the complainant’s firm and the consignment to be sent to the account of the Complainant’s firm would amply establish the status of the Complainant as consignee and once the Complainant fits into definition of a consignee, no challenge to the Complainants claim can be made on the aspect of its status as the consignee.

10. It is not disputed that the 1st opposite party had consigned 86 card board packages contained in 2560bottles of SGZYME Syrup on 31-05-2007 to the Opposite Party No.3 who in turn had to deliver the consignment to the Complainant through its Branch Office at Visakhapatnam. The complainant had received the consignment from the OP No.4 and the Complainant has raised objections as to the condition of the bottles of which according to the Complainant, there was leakage of Syrup from 86 bottles.

11. A perusal of the letters dated 4-9-2007 addressed to the 4th opposite party and the letter dated 01-10-2007 addressed to the 2nd opposite party discloses that the Complainant requested for waiver of demurrage charges and for release of the consignment which had not evoked any response from the opposite parties 2 to 4.

12. The opposite parties 2 to 4 have not disputed the factum of damage of the 86 bottles of syrup. The complainant has got issued notice through its Advocate, claiming a sum of Rs.1,40,000/- towards loss of money and an amount of Rs.20,000/- for the los of business and the Opposite Party No.2 had given reply admitting the instructions of consignment to the 3rd opposite party and arrival of the consignment at Visakhapatnam, where the 4th opposite party had been carrying on its business. It is stated in the reply that much time after the consignment was received by the 4th opposite party, the complainant had approached it to receive the consignment and for the delay caused in the Complaint the 4th opposite party to receive the consignment, the complainant was fastened with the liability to pay demurrage charges along with freight charges.

13. The complainant expressed its readiness to pay freight charges and refused to pay demurrage charges. The complainant has claimed that it is on account of negligence of the Opposite Parties 2 to 4, there was leak

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age of bottles of syrup from the 86 bottles and it has earnestly addressed letters to the opposite parties 2 and 4 to waive the demurrages charges and release the consignment. In view of the damages caused to 86 bottles, the Complainant has to incur a sum of Rs.46,550/- towards value of the Syrup bottles as evidenced by the invoice dated 31-05-2007. The Complainant in our view is entitled to the amount from the opposite parties 2 to 4. We did not find any reason to interfere with findings recorded by the District Forum as there are no merits in the appeal. 14. In the result, the appeal is dismissed confirming the order of the District Forum. There shall be no order as to costs.
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