Common Carrier Cannot Limit Liability to Nominal Fine-Print Amounts When Negligence Is Manifest
Parties: VRL Logistics Ltd. & Anr. v. Suresh C. Sharma
The consumer engaged the logistics mover to transport complete household effects, furniture, and electronic equipment from Bengaluru to Gurugram. Upon arrival, severe water leakage inside the truck container had ruined sofas, wooden cabinets, and television sets. The transport agency denied the damage claim, asserting a printed boilerplate clause on the back of the Lorry Receipt (LR) stating carrier liability was strictly capped at ₹1,000 for any single consignment.
The National Commission dismissed the carrier's revision petition with costs, reaffirming the Supreme Court's ratio in Nath Bros. Exim International. The bench held that under the Carriage by Road Act and Consumer Protection Act, a common carrier has absolute liability as a bailee and insurer of goods. Unilateral printed clauses limiting liability to ₹1,000 without conscious bilateral consent are unconscionable and void. The NCDRC directed the logistics mover to pay ₹2,40,000 towards property damage, 9% annual interest, and ₹25,000 litigation expenses.