NAGPUR GOLDEN TRANSPORT COMPANY Vs. NATH TRADERS

JUDGEMENT

(1.) This is an appeal by way of special leave under Article 136 of the Constitution against the order dated 18.02.2003 of the National Consumers Disputes Redressal Commission in Revision Petition No. 371 of 2000.

(2.) The facts very briefly are that the Respondent No. 3 booked a consignment of monoblock pumps with the Appellant for transportation from Coimbatore to Respondents No. 1 and 2 at Gwalior in March, 1997. While the Appellant was transporting the consignment in a truck, there was an accident and the monoblock pumps were damaged. The Respondents No. 1 and 2, therefore, did not take delivery of the 198 damaged monoblock pumps at Gwalior. In the circumstances, the Appellant returned the 198 damaged monoblock pumps to the Respondent No. 3.

(3.) The Respondents No. 1 and 2 then filed Complaint No. 101 of 1998 before the Consumer Disputes Redressal Forum, Gwalior, and their case in the complaint was that they had paid the price of the consignment to Respondent No. 3 and were entitled to Rs. 3,61,131/- towards the price of the monoblock pumps and damages of Rs. 70,000/-, loss of profit Rs. 14,000/- as well as cost of Rs. 5,000/- and interest @ 18% per annum on the amount claimed by them. The Appellant resisted the claim contending that the claim was not maintainable under the Consumer Protection Act, 1986 (for short the Act). The District Consumer Disputes Redressal Forum, in its order dated 27.01.1999, held that the Appellant as a common carrier was the insurer of the goods in transit and if the goods have been damaged, the Appellant was liable to Respondents No. 1 and 2 for negligence. The District Consumer Disputes Forum, therefore, awarded a sum of Rs. 3,60,131/- along with interest @ 18% per annum from 01.04.1997 till the date of payment and Rs. 500/- as counsel fee and further sum of Rs. 500/- as cost of the case.