w w w . L a w y e r S e r v i c e s . i n



M/s. Tridev Express Cargo, West Bengal v/s IPSITA Saha, West Bengal


Company & Directors' Information:- WEST COMPANY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U34203MH1995PTC092297

Company & Directors' Information:- SAHA (INDIA) PRIVATE LIMITED [Strike Off] CIN = U67120KA1991PTC012267

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

Company & Directors' Information:- M S CARGO PRIVATE LIMITED [Active] CIN = U60231DL1999PTC102378

Company & Directors' Information:- S G C CARGO PRIVATE LIMITED [Strike Off] CIN = U06302MP1996PTC011200

Company & Directors' Information:- D R CARGO PRIVATE LIMITED [Active] CIN = U63000DL2011PTC222316

Company & Directors' Information:- E P L CARGO PRIVATE LIMITED [Active] CIN = U63011DL1998PTC097479

Company & Directors' Information:- Z-CARGO PRIVATE LIMITED [Under Process of Striking Off] CIN = U63090DL1996PTC084155

Company & Directors' Information:- K. K. CARGO PRIVATE LIMITED [Active] CIN = U74120MH2013PTC243450

Company & Directors' Information:- C C SAHA LTD [Active] CIN = U36920WB1933PLC007695

Company & Directors' Information:- E A S CARGO PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1989PTC037830

Company & Directors' Information:- S R C EXPRESS CARGO PRIVATE LIMITED [Active] CIN = U60200MH2009PTC197906

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

Company & Directors' Information:- BENGAL CARGO PRIVATE LIMITED [Active] CIN = U61200WB2012PTC181773

Company & Directors' Information:- E-CARGO INDIA PRIVATE LIMITED [Strike Off] CIN = U74900DL2011PTC226026

Company & Directors' Information:- I C S CARGO PRIVATE LIMITED [Strike Off] CIN = U63011DL2002PTC114908

Company & Directors' Information:- K AND A CARGO PRIVATE LIMITED [Strike Off] CIN = U63090DL1994PTC059838

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

Company & Directors' Information:- K R CARGO PRIVATE LIMITED [Strike Off] CIN = U63012TN2005PTC055243

Company & Directors' Information:- B N SAHA CO PVT LTD [Strike Off] CIN = U12000WB1938PTC009498

Company & Directors' Information:- R M CARGO PRIVATE LIMITED [Strike Off] CIN = U18109DL2015PTC280249

Company & Directors' Information:- K V CARGO PRIVATE LIMITED [Active] CIN = U63011DL2003PTC119798

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

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

Company & Directors' Information:- EXPRESS CARGO PVT LTD [Strike Off] CIN = U60221PB1982PTC004913

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

Company & Directors' Information:- WEST INDIA COMPANY LIMITED [Dissolved] CIN = U99999MH1945PTC004516

    Revision Petition No. 72 of 2020

    Decided On, 25 February 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. C. VISWANATH
    By, PRESIDING MEMBER

    For the Petitioner: Adnan Ahmed, Advocate. For the Respondent: -------



Judgment Text


1. Respondent/Complainant was carrying on cloth business under the name of Bhagwati Boutique. She engaged the services of the Petitioner/Opposite Party for carrying her consignment to different parts of the country. The Complainant booked a consignment containing seven bundles of cloth from Kolkata to Bangalore through the Petitioner on 06.12.2017. Out of the seven bundles of cloth that she booked, the Complainant received six bundles. Complainant sent letters dated 15.12.2017 and 19.12.2017 to the Petitioner requesting delivery of the undelivered bundle, but in vain. Thereafter, she filed a complaint case before the District Forum with the following prayer: -

“a. To direct to return one undelivered bundle booked under consignment Note No.1508758 dated 06.12.2017 to your complainant otherwise to pay Rs.1,25,000/- towards cost of the goods contained in the bundle in para 4 of the plaint.

b. To direct to pay Rs.30,000/- as compensation for mental agony and harassment.

c. To direct to pay Rs.5,000/- as litigation cost.

To pass such order or orders as your Honour may deem fit and proper.”

2. The Complaint was contested by the Opposite Party by filing written statement that the Complainant was not a consumer as defined under Section 2 (1) (d) of the Consumer Protection Act, 1986. Further, the Respondent/Complainant had booked uninsured consignment and had not disclosed the value of goods. The liability of consigner, in a case of uninsured consignment, was limited. There was no deficiency in service and/or unfair trade practice on the part of the Opposite Party and, therefore, the complaint case be dismissed with cost.

3. After hearing both the parties and perusing the record, the District Forum allowed the complaint case and ordered as follows: -

“That the Complaint case be and the same is allowed on contest against the OPs with litigation cost of Rs.3,000/- (Rupees Three thousand) only.

OPs are directed to return one undelivered bundle booked against consignment No.1508758 dated 6.12.2017 to the complainant within 30 days from the date of this order, in default, the OPs shall have to pay Rs.1,25,000/- towards cost of the goods contained in the undelivered bundle to the complainant within the stipulated period.

OPs are directed to pay compensation of Rs.10,000/- (Rupees Ten thousand) only to the complainant as compensation for causing mental agony within the stipulated period.”

4. Against the order of the District Forum, an Appeal was filed before the State Commission. The State Commission after hearing both the parties concurred with the order of the District Forum and dismissed the appeal with a cost of Rs.10,000/- payable by the Appellant to the Respondent/Complainant. Against the order of the State Commission, Revision Petition has been filed by the Petitioner/Opposite Party. The present Revision Petition has been filed against these concurrent findings of the Fora below.

5. Heard the learned Counsel for the Parties and carefully perused the record. The Complainant booked a consignment containing seven bundles of cloth from Kolkata to Bangalore through the Petitioner on 06.12.2017. Out of the seven bundles of cloth, the Complainant received six bundles. Complainant sent letters dated 15.12.2017 and 19.12.2017 to the Petitioner requesting delivery of the undelivered bundle, but there was no response from the Petitioner. Learned Counsel for the Petitioner contended that both the Fora below have wrongly treated a commercial transaction as a consumer dispute and had not appreciated the limited liability of the consigner and failed to ascertain the actual value of the lost article.

6. The Complainant was carrying on boutique business for earning her livelihood by means of self-employment. She booked the consignment and received the same herself.

7. Section 2 (1) (d) of the Consumer Protection Act, 1986 defines the expression “Consumer.” It reads thus: -

“(d) “consumer” means any person who,—

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) 12 [hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who 12 [hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person 13 [but does not include a person who avails of such services for any commercial purpose]”

8. State Commission observed that the photocopies of the consignment notes did not bear any official address of the Respondent in Bangalore. The consignee had been shown as “Self.” The goods were received by the Respondent herself in Bangalore and the Respondent hired the services of the Appellant on payment of due charges and, therefore, she was definitely a bona-fide consumer as defined under Section 2 (1) (d) of the Act. It is clear that she is covered by the exception clause in the definition of Consumer under Section 2 (1) (d) of the Act.

9. Regarding value of the missing bundle of Rs.1,25,000/-, Complainant clearly stated that she had purchased the cloth from different persons and stitched them in her boutique. She, therefore, could not assess the exact value of the missing bundle. Further, the Petitioner claimed in the written version that the consignment was booked through Railways but no record had been placed which could prove that the claim made by the Respondent was exaggerated one.

10. So far as limiting the liability of the Petitioner/Opposite Party to Rs.100/- is concerned, it is based on a contract in a standard form and not a specific contract between the two contracting parties. Hon’ble Supreme Court in Central Inland Water Transportation Ltd. & Anr. Vs. Brojo Nath Ganguly & Anr., 1986 SCR (2) 278 held that such a contract/clause is void under the Indian Contract Act. More so, it is necessary to mention that the terms & conditions of the consignment being unsigned, are not binding upon the Complainant.

11. Jurisdiction of this Commission under Section 21 (b) is very limited. This Commission is not required to re-appreciate and reassess the evidences and reach to its own conclusion. The Court can intervene only when the petitioner succeeds in showing that the Fora below has wrongly exercised its jurisdiction or there is a miscarriage of justice. It was so held by the Hon’ble Supreme Court in the case of Mrs. Rubi (Chandra) Dutta Vs. M/s United India Insurance Co. Ltd. (2011) 11 SCC 269 has held as under: -

“13. Also, it is to be noted that the revisional powers of the National Commission are derived from Section 21 (b) of the Act, under which the said power can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order, and only then, may the same be set aside. In our considered opinion there was no jurisdictional error or miscarriage of justice, which could have warranted the National Commission to have taken a different view than what was taken by the two Forums. The decision of the National Commission rests not on the basis of some legal principle that was ignored by the Courts below, but on a different (and in our opinion, an erroneous) interpretation of the same set of facts. This is not the manner in which revisional powers should be invoked. In this view of the matter, we are of the considered opinion that the jurisdiction conferred on the National Commission under Section 21 (b) of the Act has been transgressed. It was not a case where such a view could have been taken by setting aside the concurrent findings of two fora.”

12. Same principle has been reiterated by Hon’ble Supreme Court in the case of Lourdes Society Snehanjali Girls Hostel and Ors. Vs. H & R Johnson (India) Ltd. and Ors. (2016 8 SCC 286 wherein Hon’ble Supreme Court has held as under:-

“23. The National Commission h

Please Login To View The Full Judgment!

as to exercise the jurisdiction vested in it only if the State Commission or the District Forum has failed to exercise their jurisdiction or exercised when the same was not vested in their or exceeded their jurisdiction by acting illegally or with material irregularity. In the instant case, the National Commission has certainly exceeded its jurisdiction by setting aside the concurrent finding of fact recorded in the order passed by the State Commission which is based upon valid and cogent reasons.” 13. Both the Fora below allowed the Consumer Complaint against the Petitioner/Opposite Party. I find no reason to interfere with the concurrent findings of both the Fora below. Petitioner has failed to point any illegality or irregularity in the order passed by the State Commission, warranting interference in exercise of revisional jurisdiction under Section 21 (b) of the Consumer Protection Act, 1986. Revision Petition is accordingly dismissed.
O R







Judgements of Similar Parties

07-10-2020 West Haryana Highways Projects Private Limited Versus National Highways Authority of India & Others High Court of Delhi
01-10-2020 Sayyad Shabbir Sheikh @ Sayyad Shabbir Saha Versus State of Maharashtra High Court of Judicature at Bombay
01-10-2020 Sayyad Shabbir Sheikh @ Sayyad Shabbir Saha Versus State of Maharashtra High Court of Judicature at Bombay
28-09-2020 Emirates Airlines Versus Srikanta Saha & Others National Consumer Disputes Redressal Commission NCDRC
25-09-2020 Indusind Bank Ltd., West Bengal Versus Kalpana Roy Sarkar National Consumer Disputes Redressal Commission NCDRC
21-09-2020 Tvl. Kousic Co Blue Metals, Represented by its Managing Director, K.G.Mohanraj, SF, 561/C2, Kolanthan Palayam, Versus The State Tax Officer, Karur West Assessment Circle, Karur & Others High Court of Judicature at Madras
09-09-2020 Shreyas Sinha Versus The West Bengal National University Of Juridical Sciences & Others Supreme Court of India
03-09-2020 State of West Bengal & Others Versus Anirban Ghosh & Others High Court of Judicature at Calcutta
27-08-2020 IRB Ahmedabad Vadodara Super Express Tollway Private Limited Versus National Highways Authority of India High Court of Delhi
27-08-2020 M/s. Web International Cargo Ltd., Rep. by its proprietor Srinivas P. Bhat Versus M/s. Magnum Logistics Ltd., Rep. by its Director, Jayaram High Court of Karnataka
26-08-2020 Trisha Bhattacharjee Versus State of West Bengal & Others High Court of Judicature at Calcutta
25-08-2020 Sharad Kumar Singh & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
14-08-2020 Rahul Manna Versus The State of West Bengal & Others High Court of Judicature at Calcutta
14-08-2020 Kallol Mukherjee Versus The State of West Bengal & Others High Court of Judicature at Calcutta
06-08-2020 Manager, Dtdc Express Ltd. (Formerly Known As Dtdc Couriers & Cargo Ltd.) & Another Versus Rashmi Thacker National Consumer Disputes Redressal Commission NCDRC
21-07-2020 SBI Life Insurance Co. Ltd., West Bengal Versus Kajari Gayen & Another National Consumer Disputes Redressal Commission NCDRC
21-07-2020 Vineet Ruia Versus State of West Bengal & Others High Court of Judicature at Calcutta
21-07-2020 Dr. Bikram Panda Versus The State of West Bengal & Others High Court of Judicature at Calcutta
20-07-2020 M/s. SBI Cards & Payments Services Pvt. Ltd., Haryana Versus Consumer Affairs & Fair Business Practices, West Bengal National Consumer Disputes Redressal Commission NCDRC
14-07-2020 Srabani Chatterjee & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
13-07-2020 Souvik Sardar & Others The State of West Bengal & Others High Court of Judicature at Calcutta
03-07-2020 Manoj Kumar Saha @ Manoj Kumar Sah Versus State of Bihar through the Principal Secretary, Prohibition, Excise & Registration Department, Govt. of Bihar, Patna & Others High Court of Judicature at Patna
02-07-2020 BSA Citi Courier Pvt. Ltd. Versus Commissioner of Central Goods & Services Tax Delhi West & Another High Court of Delhi
02-07-2020 Safikul Islam & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
30-06-2020 Dr. Arup Kumar Bhowmick Versus State of West Bengal & Others High Court of Judicature at Calcutta
26-06-2020 Brijendra Kumar Singh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
25-06-2020 Mazidul Miah @ Mia & Others Versus State of West Bengal High Court of Judicature at Calcutta
24-06-2020 TUCI, West Bengal State Secretary, Represented by itsSecretary, Sharmistha Choudhury & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
19-06-2020 Shyamal Middya Versus The State of West Bengal & Others High Court of Judicature at Calcutta
19-06-2020 The State of West Bengal & Others Versus Soroj Kumar Mondal & Others Supreme Court of India
17-06-2020 Jewel SK @ Juel SK Versus The State of West Bengal High Court of Judicature at Calcutta
15-06-2020 State Bank of India Versus Consumer Affairs & Fair Business Practices, West Bengal & Others National Consumer Disputes Redressal Commission NCDRC
12-06-2020 S.K. Abdul Habib Versus The State of West Bengal High Court of Judicature at Calcutta
12-06-2020 Abed Ali Biswas Versus The State of West Bengal High Court of Judicature at Calcutta
12-06-2020 Ajit Barman Versus The State of West Bengal High Court of Judicature at Calcutta
12-06-2020 Gulu Santra @ Ghunu Santra Versus The State of West Bengal High Court of Judicature at Calcutta
11-06-2020 Kartick Paul Versus The State of West Bengal & Others High Court of Judicature at Calcutta
11-06-2020 Pawan Kishore Harlalka Versus State of West Bengal & Others High Court of Judicature at Calcutta
11-06-2020 Uttam Gayen & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
19-05-2020 The Konkan Irrigation Development Corporation, Water Resources Department, Sinchan Bhavan, Kopri Colony, Thane (West) & Others Versus M/s. F.A. Enterprises & Others High Court of Judicature at Bombay
19-05-2020 Dipu Singh @ Hulo Versus The State of West Bengal High Court of Judicature at Calcutta
19-05-2020 Bibhas Kunti @ Bibhas Kuti Versus The State of West Bengal High Court of Judicature at Calcutta
19-05-2020 Jalaluddin @ Jalaluddin Versus State of West Bengal & Another High Court of Judicature at Calcutta
13-05-2020 Swapan Kumar Saha Versus Bangiya Gramin Vikash Bank & Others High Court of Judicature at Calcutta
13-05-2020 Suprabha Adhikari & Others Versus The State of Tripura, Represented by the Secretary Revenue, West Tripura & Others High Court of Tripura
13-05-2020 Md. Jahidul Islam & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
13-05-2020 Sudeb Mahato & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
07-05-2020 Sujit Mitra & Others Versus State of West Bengal High Court of Judicature at Calcutta
02-05-2020 Ratan Ch. Banik Versus The State of Tripura, Represented by the Secretary to the Government of Tripura, Department of Finance, West Tripura & Others High Court of Tripura
28-04-2020 Dr. Fuad Halim & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
24-04-2020 S.K. Jalaluddin & Others Versus The State of West Bengal & Others Supreme Court of India
24-04-2020 Mohd. Asif Naseer Versus West Watch Company Through Its Proprietor Supreme Court of India
22-04-2020 West U.P. Sugar Mills Association & Others Versus The State of Uttar Pradesh & Others Supreme Court of India
17-04-2020 Dr. Faud Halim Versus State of West Bengal & Others High Court of Judicature at Calcutta
16-04-2020 In re : Smarajit Roychowdhury Versus State of West Bengal & Others High Court of Judicature at Calcutta
08-04-2020 In Re: Contagion of COVID-19 Virus in Children Protection Homes Versus State of West Bengal High Court of Judicature at Calcutta
20-03-2020 Suresh Chandra Das Versus The State of Tripura to be represented by the Chief Secretary to the Government of Tripura, Civil Secretariat, New Secretariat Complex, West Tripura & Another High Court of Tripura
20-03-2020 Joydeb Das Versus The State of West Bengal High Court of Judicature at Calcutta
20-03-2020 Narottam Das & Others Versus The State of West Bengal High Court of Judicature at Calcutta
18-03-2020 West Bengal Small Industries Development Corporation Ltd. & Others Versus M/s. Sona Promoters Pvt. Ltd. & Others Supreme Court of India
18-03-2020 Pushpak Infrastructure Pvt. Ltd. Versus Goutam Saha & Others National Consumer Disputes Redressal Commission NCDRC
18-03-2020 Managing Committee, Bheramari A.M. High Madrasah & Another Versus State of West Bengal & Others Supreme Court of India
13-03-2020 Rakesh Mondal & Another Versus The State of West Bengal & Another High Court of Judicature at Calcutta
12-03-2020 Rekhanlal Shrivastava Versus Union of India General Manager West Central Railway JBP High Court of Madhya Pradesh
11-03-2020 Bidyut Kumar Saha Versus Tapa Saha High Court of Tripura
06-03-2020 Indian Oil Corporation Limited (Marketing Division) Senior Area Manager, West Bengal Versus Biswanath Adhikary & Others National Consumer Disputes Redressal Commission NCDRC
06-03-2020 Subhadep Adhikari Versus The State of West Bengal & Others High Court of Judicature at Calcutta
05-03-2020 M/s. N.K. Enterprise, West Bengal & Another V/S Narayan Prasad Sharma & Others National Consumer Disputes Redressal Commission NCDRC
04-03-2020 Suryaneel Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
04-03-2020 Avijit Biswas Versus The State of West Bengal & Others High Court of Judicature at Calcutta
04-03-2020 Marzina Bibi Versus The State of West Bengal High Court of Judicature at Calcutta
03-03-2020 United Bank of India, West Bengal Versus Ranjan Basu & Others National Consumer Disputes Redressal Commission NCDRC
03-03-2020 State of West Bengal Versus PAM Development Private Limited High Court of Judicature at Calcutta
02-03-2020 Dilip Shaw @ Sanatan & Another Versus State of West Bengal & Others Supreme Court of India
28-02-2020 Cauvery Construction, West Bengal & Another Versus Subrata Samanta & Others National Consumer Disputes Redressal Commission NCDRC
28-02-2020 Kaisar Versus State of West Bengal High Court of Judicature at Calcutta
28-02-2020 Amit Singh @ Amit & Others Versus The State of West Bengal High Court of Judicature at Calcutta
26-02-2020 Saani Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
25-02-2020 Supriyo Raychaudhuri Versus GTPL Kolkata Cable & Broadban Pariseva Ltd., West Bengal & Another National Consumer Disputes Redressal Commission NCDRC
25-02-2020 Neeta Saha, Member of Suspended Board of Palm Developers Pvt. Ltd., U.P. Versus Ram Niwas Gupta (Proprietor of Ram Niwas Gupta & sons), New Delhi & Others National Company Law Appellate Tribunal
25-02-2020 M/s. Tridev Express Cargo Versus IPSITA Saha National Consumer Disputes Redressal Commission NCDRC
24-02-2020 Downtown Temptations Pvt. Ltd. Versus The State of West Bengal Supreme Court of India
24-02-2020 Arup Dey Versus The State of West Bengal & Others High Court of Judicature at Calcutta
24-02-2020 Saurabh Kar & Another Versus Kolkata West International City Pvt. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
24-02-2020 Md. Safique Versus The State of West Bengal High Court of Judicature at Calcutta
21-02-2020 Secretary, Bairgachi High School Versus State of West Bengal & Others High Court of Judicature at Calcutta
20-02-2020 Md. Younus Ali Tarafdar Versus The State of West Bengal Supreme Court of India
20-02-2020 Kaushik Saha Versus The Genaral Manager, SBI & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
20-02-2020 Motamarri Appanna Veerraju @ Mav Raju Versus The State of West Bengal Supreme Court of India
19-02-2020 The Indian Golf Union & Others Versus West Bengal Golf Society & Others High Court of Judicature at Calcutta
19-02-2020 Swapan Banerjee & Another Versus State of West Bengal & Another High Court of Judicature at Calcutta
17-02-2020 Aijul Gharami Versus State of West Bengal High Court of Judicature at Calcutta
14-02-2020 Nibaran Mudi & Another Versus The State of West Bengal High Court of Judicature at Calcutta
14-02-2020 Nure Shobha Begum & Another Versus The State of West Bengal & Others High Court of Judicature at Calcutta
14-02-2020 Amirul Islam Versus State of West Bengal & Others High Court of Judicature at Calcutta
14-02-2020 Gurupada Das Versus The State of West Bengal High Court of Judicature at Calcutta
14-02-2020 Subhash @ Subash Deb Nath Versus On Death of Bishnupada Saha His Legal Heirs - Archana Saha & Others High Court of Gauhati
12-02-2020 Mariyam Begam & Others Versus The State of West Bengal High Court of Judicature at Calcutta
12-02-2020 Lachhu Indower Versus The State of West Bengal High Court of Judicature at Calcutta
10-02-2020 Lipika Dey (Saha) Versus Babul Kumar Saha High Court of Tripura