MANAGING DIRECTOR, SURAT GOODS TRANSPORT PRIVATE LIMITED & OTHERS Vs. M/S. CASE COLD ROLLS FORMING PRIVATE LIMITED & OTHERS

JUDGEMENT

(1.) By this common order, we proceed to dispose of two appeals, i.e. F.A. No.161 of 2014 filed by the opposite parties and F.A. No.257 of 2014, filed by the complainant.

(2.) Appellants in F.A. No.161 of 2014, namely M.D. Surat Goods Transport Private Limited & others, shall hereinafter be referred to as the opposite parties and M/s. Case Cold Rolls Forming Private Limited, appellant in F.A. No.257 of 2014, as complainant. Both the appeals are directed against the order dated 21.02.2014, of learned District Consumer Disputes Redressal Forum, Sirmour at Nahan, whereby a complaint, under Section 12 of the Consumer Protection Act, 1986, filed by the complainant stands partly allowed and the opposite parties have been directed to pay a sum of Rs.32,000/ -, with interest at the rate of 9% per annum, on account of delay charges and also to pay Rs.5,000/ -, as litigation expenses.

(3.) Complainant, M/s. Case Cold Rolls Forming Private Limited, filed a complaint, under Section 12 of the Consumer Protection Act, 1986, alleging that an agreement was made between the parties on 05.02.2010, regarding carriage of goods of the complainant from their premises at Kala Amb to Vellore and one of the conditions of the agreement was that consignment booked with the opposite parties for transportation, reached the destination within nine days, failing which delay charges at the rate of Rs.1,000/ - per day, were to be paid. It was alleged that two consignments were booked on the very next day of making of agreement, i.e. on 06.02.2010, through Annexures C 3 and C -4, but the consignments were not delivered within nine days and there was delay of sixteen days.