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M/s. Designers Den v/s M/s. DHL Courier Express Pvt. Ltd.


Company & Directors' Information:- DHL EXPRESS (INDIA) PRIVATE LIMITED [Active] CIN = U64120MH2001PTC131743

Company & Directors' Information:- A. V. M. DESIGNERS PRIVATE LIMITED [Active] CIN = U17120WB2010PTC142549

Company & Directors' Information:- A T EXPRESS INDIA LIMITED [Strike Off] CIN = U93030DL2009PLC193660

Company & Directors' Information:- N R EXPRESS PRIVATE LIMITED [Active] CIN = U63040WB1999PTC089271

Company & Directors' Information:- J B DESIGNERS PRIVATE LIMITED [Active] CIN = U18101GJ2004PTC043907

Company & Directors' Information:- DEN (INDIA) PRIVATE LIMITED [Strike Off] CIN = U73100MH2000PTC128523

Company & Directors' Information:- P J EXPRESS PRIVATE LIMITED [Strike Off] CIN = U63040WB1995PTC075515

Company & Directors' Information:- S P M DESIGNERS PRIVATE LIMITED [Active] CIN = U29299MH1979PTC021891

Company & Directors' Information:- M J EXPRESS COURIER PRIVATE LIMITED [Strike Off] CIN = U64120MH2002PTC137733

Company & Directors' Information:- DESIGNERS PRIVATE LIMITED [Active] CIN = U74210MH1957PTC010903

Company & Directors' Information:- R. S. DESIGNERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74994WB2010PTC147409

Company & Directors' Information:- G M S EXPRESS PRIVATE LIMITED [Active] CIN = U64120KA2006PTC040159

Company & Directors' Information:- S R DESIGNERS PRIVATE LIMITED [Strike Off] CIN = U18101DL2000PTC108069

Company & Directors' Information:- DESIGNERS DEN PRIVATE LIMITED [Strike Off] CIN = U74210OR1995PTC003992

Company & Directors' Information:- A AND Z COURIER PRIVATE LIMITED [Strike Off] CIN = U64100MH2005PTC153780

Company & Directors' Information:- U C EXPRESS PRIVATE LIMITED [Strike Off] CIN = U64120MH2004PTC148038

Company & Directors' Information:- R S L COURIER PRIVATE LIMITED [Strike Off] CIN = U64100TN2010PTC077319

Company & Directors' Information:- N K COURIER PRIVATE LIMITED [Strike Off] CIN = U65992UP1988PTC010227

Company & Directors' Information:- D S COURIER PRIVATE LIMITED [Strike Off] CIN = U64120UP2003PTC028050

Company & Directors' Information:- B C S COURIER PVT LTD [Active] CIN = U64120WB1991PTC051630

Company & Directors' Information:- R R EXPRESS PRIVATE LIMITED [Active] CIN = U97000DL2014PTC267284

Company & Directors' Information:- D F S COURIER PVT LTD [Strike Off] CIN = U64120DL2001PTC110551

Company & Directors' Information:- A AND G COURIER PRIVATE LIMITED [Strike Off] CIN = U64120DL2004PTC125831

Company & Directors' Information:- S F EXPRESS PRIVATE LIMITED [Active] CIN = U64120DL2015PTC279322

Company & Directors' Information:- G AND D DESIGNERS PRIVATE LIMITED [Active] CIN = U74210KA1991PTC011810

Company & Directors' Information:- J. K. EXPRESS PRIVATE LIMITED [Strike Off] CIN = U63090GJ2012PTC070288

Company & Directors' Information:- D K G EXPRESS PRIVATE LIMITED [Strike Off] CIN = U15499UP1982PTC005721

Company & Directors' Information:- P AND G EXPRESS PRIVATE LIMITED [Strike Off] CIN = U64120MH2003PTC139461

    Revision Petition No. 357 of 2019

    Decided On, 21 February 2019

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Appearing Parties: Puneet Kumar Saxena, Advocate, Kavita Jamil, in person.



Judgment Text

Oral:

The complainant booked a consignment of Indian Handicrafts with the respondent for carrying the same from India to Italy where the said goods were to be displayed in an Exhibition. The complainant / petitioner paid a sum of Rs.1,68,000/- to the respondent for carrying the said goods from India to Italy. The goods when delivered were found damaged. The respondent instead of compensating the complainant / petitioner for the damage to the goods, demanded a sum of Rs.84,114.66 from her. Being aggrieved, the petitioner / complainant approached the concerned District Forum by way of a consumer complaint.

2. The complaint was resisted by the respondent which inter-alia stated in its reply that since packaging of goods was not their responsibility, they were not responsible for any break down, due to inadequate packaging. It was further stated in the reply filed by the respondent that the complainant did not want to pay the outstanding dues of the respondent and that is why the entire story of damage to the goods have been fabricated by her.

3. The District Forum having directed the respondent to pay a sum of Rs.1,61,834/-to the petitioner / complainant, both the parties preferred separate appeals before the concerned State Commission. Vide impugned order dated 26.9.2018, the State Commission dismissed both the appeals, thereby maintaining the order passed by the District Forum. Being aggrieved from the order passed by the State Commission, the petitioner / complainant is before this Commission by way of this revision petition.

4. Admittedly, no evidence was led by the complainant to prove the value of the damaged goods. Unless the value of the undamaged goods as well as the market value of the damaged goods is proved, it is not possible to work-out the loss suffered by the complainant on account of the alleged damage to the goods.

5. The State Commission has also awarded compensation o the complainant / petitioner on the ground that since the weight of the consignment was only 401 kg. and maximum gross weight on which charges could be levied by the respondent was 447 kg, the respondent had charged an excess amount of Euro 1097 from the petitioner / complainant. Since no cross petition has been filed by the respondent, I need not go into the correctness or otherwise of the said view. However, considering all the facts and circumstances of the

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case, including that the petitioner / complainant had not let evidence to prove the market value of the damaged goods, no ground for interference with the order passed by the fora below is made out. The revision petition is therefore, dismissed with no order as to costs.
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