Cargo firm to pay for goods damage

The National Consumer Disputes Redressal Commission has ordered a prominent cargo carrier to pay a compensation of Rs 63,000 to a Jaipur resident for damage caused to his household goods while it was being transported by air to Mumbai.

The National Consumer Disputes Redressal Commission has ordered a prominent cargo carrier to pay a compensation of Rs 63,000 to a Jaipur resident for damage caused to his household goods while it was being transported by air to Mumbai.

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“The petitioner, as a cargo carrier, was obliged to take proper care and ensure that no damage was caused to the consignment,” a bench of Justice RC Jain and Justice SK Naik said, dismissing an appeal filed by M/S Gati Limited against the order of the Rajasthan State Consumer Disputes Redressal Commission.

Petitioner Hiteshi Israni had, on December 5, 1997, used the services of Gati to transport certain household articles such as a microwave oven, dinner set, wine glasses, tea set and coffee set from Jaipur to Mumbai.

In its defence, the cargo company contended that the goods may have been damaged due to “defective/improper packing”. It also accused Israni of not declaring fragile items in his consignment.

However, the court rejected it by saying: “There is no escape from the conclusion that the damage to the aforesaid goods was caused after the goods were entrusted to the petitioner for carriage and delivery.”

Israni had first approached the district consumer forum in Jaipur, which directed the cargo service to pay Rs 40,000 along with interest at 9% per annum, Rs 20,000 as compensation for mental harassment and Rs 3,000 towards cost of proceedings.