Transportation of goods

C.B.Sharma (Querist) 07 November 2011 This query is : Resolved
We had booked a consignment with a transporter in the name of our customer. The consignee copy of the LR was not passed on by us to the customer, pending receipt of payment from him. the transporter delivered the consignment to the customer on his submitting a letter without asking for submission of the Consignee copy of the LR. the customer failed to make payment for the goods to us.
1. Can we claim the damages from the transporter.

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Guest (Expert) 07 November 2011
Transporter cannot be held responsible for any lapse on the part of the consigner. When the consignment was booked in the name and destined to be delivered to the consignee, the transporter was obliged to deliver the consignment on the address provided to him.

The matter of payment or non-payment rests to be settled solely between the consignee and the consignor. The transporter can, at the most, provide you with the proof of delivery to the consignee.

ajay sethi (Expert) 07 November 2011
you have to issue legal notice to the customer to pay the transportation charges . what were the tewrms and conditons of your contract with the customer?

prabhakar singh (Expert) 07 November 2011
Unless you tell the following,you will be continuously stand misguided by us::

1]what is the term printed on the consignment
note about the delivery??Can you attach It
for my perusal??

2]was it first time consignee purchaser who has retired goods or it has happened in past also??

3]Under what terms the sale was made???

prabhakar singh (Expert) 07 November 2011
You have not come back with answers of questions asked!

On my part then i am finishing it with following guidance::

1]take care of an enactment CARRIERS ACT 1865.

2]Take notice of the fact that in case you want to sue the CARRIER service of notice u/s10 of the Act, just within 6 months is a statutory compulsion.

3]You should ascertain that you disclosed the value of goods correctly to the carrier
before moving against him.

4]If from LR/consignment receipt speaks about mode of delivery which let you ascertained that delivery given by carrier
without LR becomes unauthorized.

5]If this all deems and speak positive for you can file a case of damages against the carrier after serving upon him the statutory notice contemplated by section 10
of Carrier's Act1865 before CONSUMER FORUM.

prabhakar singh (Expert) 07 November 2011
IN addition you are also advised to go with following case law which may serve as guide in preparing your case.

http://www.indiankanoon.org/doc/1826260/

In this case too the consignment was delivered to consignee without LR.At then only suit could be filed,
but you can move to CONSUMER FORUM if otherwise as suggested earlier you find carrier liable.

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