CALCUTTA PORT TRUST vs Apollo Engineering Co Ltd

FIRST Appeal No. 48/94 is directed against the Order dated 30.11.93 of the West Bengal State Commission at Calcutta in S.C. No. 242/0/93 allowing the complaint and directing the first opposite party to refund a sum of Rs. 14.942/ - and the third opposite party to refund an amount of Rs. 11,200/ - to the complainant within 30 days from the date of communication of the Order.

THE facts lie in a very narrow compass and may be noticed. The complainant, who is respondent No. 1 before this Commission, had imported tin plates from abroad. The goods arrived by ship and were landed at N.S. Docks of the Calcutta Port Trust on 28th November, 1992. The said goods which were in containers were immediately stacked at the container parking yard at Calcutta Port Trust. It must have taken some time for the retirement of the bills and other documents and thereafter the curfew and Section 144 prevailed in the area from 7.12.92 to 13.12.92. The relevant delivery documents were filed on behalf of the complainant by their Clearing and Forwarding Agent on 16th of December, 1992. Opposite party No. 1, who is respondent No. 2 before this Commission, approached Calcutta Port Trust on 18th December, 1992 for arranging removal of the said goods from the Container Parking Yard to the destuffing point and obtained Entry Gate Pass on 18th December, 1992. The cargo was ultimately delivered to the complainant''s transporter M/s. Popular Shipping Agency on 26th December, 1992. The appellant who was the opposite party No. 3 before the State Commission recovered a sum of Rs. 11,200/ - being the port rent charges/ demmurage for the period between 7th December, 1992 and 13th December, 1992. The complainant had also paid rental charges as well as demmurage at slab rate for detention of the container of the first opposite party let out to the complainant. The complainant alleged in the complaint that the non -delivery of the goods after the submissions of the documents to the Dock Authorities amounted to deficiency in service and due to their negligence additional rental charges as well as demmurage had to be paid. The complainant also alleged that due to the curfew and Section 144 that prevailed in Calcutta City and whole of West Bengal from 7.12.92 to 13.12.92, the activities in Calcutta remained completely collapsed and therefore the third opposite party was not entitled to recover the sum of Rs. 11,200/ -. The complainant claimed the refund of the Port rental charges of Rs. 11,200/ - from the third opposite party and also demanded the refund of Rs. 36,485/ - being the demmurage for detention charges of the container from 3.12.92 and the Portrental charges from 16.12.92 to 26.12.92 in addition to its claim of Rs. 55,000/ - as compensation.

ON being noticed the appellant herein admitted that a sum of Rs 11,200/ -being the Port rental charges/demmurage for the period 7.12.92 to 13.12.92 was recovered. It was submitted that uncertainty prevailed in the country between 8th December and 11th December, 1992 following the 6th December, 1992 communal incident and Calcutta Port Trust Authorities appreciated the facts that such disturbances could cause inconvenience to parties seeking to obtain delivery of crgo from the Docks during the said period. In view of the above, a decision was taken by the Calcutta Port Trust Authorities relating to remission of demurrage for 4 days namely 8th December, 9th December, 10th December and 11th December, 1992 which was sanctioned by the Trustees, under Resolution No. 293 dated 22.12.92. One of the conditions laid down was that import consignments which landed in the Port earlier and for which full delivery documents were filed within 14th December, 1992, no demmurage would be recovered for 4 days namely 8,9,10 and 11th December, 1992. It was further decided that the import consignments which landed earlier but no delivery documents had been filed within 14th December, 1992 would not qualify for any waiver of demmurage charges for the aforesaid period. The Calcutta Port Trust Authorities, according to the appellant, acted strictly on the basis of the said decision and thus there was no deficiency in service on their part.

THE State Commission by the impugned Order partly allowed the complaint and granted certain reliefs on compassionate ground taking into account the curfew and order under Section 144, Cr.P.C. that prevailed in the Calcutta City and West Bengal from 7.12.92 to 13.12.92. The first opposite party was directed to refund the demmurage charges to the complainant aggregating to Rs. 14,942/ - and the third opposite party was directed to refund the sum of Rs. 11,200/ -. We have heard Mr. Girish Kandpal, Counsel for the appellant and have also gone through the written submissions filed on behalf of the complainant who did not appear. The submission of the Counsel for the appellant is that the sum of Rs. 11,200/ - was directed to be paid to the complainant on compassionate grounds condoning the delay of 2 days for production of bills and documents before the Port Trust Authority, that the State Commission has no jurisdiction to grant any relief to the complainant on compassionate grounds and that the relief of compensation could be granted only if some deficiency in service on the part of the appellant herein was established on the record and any loss or damage was suffered by the complainant due to the negligence of the opposite parties. These submissions have great force. The decision of the Trustees of the Calcutta Port is contained in Resolution No. 293 dated 22.12.92 and on that basis the circular was issued. Guidelines had been formulated in dealing with the consignments which were affected during the period from 7th of December, 1992 to 13th of December, 1992. One of the conditions was that the import consignments which landed in the Port earlier and for which full delivery documents were filed within 14th December, 1992 would be entitled to the remission of demmurage for four days viz., 8th, 9th, 10th & 11th December, 1992. Admittedly, the documents in this case were filed on 16th December, 1992 and not on 14.12.92. The Calcutta Port Trust Authorities, therefore, acted strictly on the basis of the said circular which also laid down specifically that "import consignments which landed earlier but no delivery documents have been filed with 14.12.92, shall not qualify for any waiver of demmurage charges for the aforesaid period and there is thus no deficiency in service on their part. The State Commission, therefore, had no jurisdiction to direct the appellant to refund or remit/pay the sum of Rs. 11,200/ - to the complainant.

IN the result, the appeal is allowed, the order of the State Commission is so far as it directs the appellant to pay a sum of Rs. 11,200/ - to the complainant is set aside leaving the parties to bear their own costs throughout. Appeal allowed.