EAST INDIA TRANSPORT AGENCY Vs. NABHA INDUSTRIES LTD

JUDGEMENT

(1.) BRIEF facts giving rise to the present revision petition may be noticed.

(2.) M /s. Nabha Industries Limited (hereinafter to be referred to as consignor ), the New India Assurance Company Limited and M/s. Mithun Lal Marketing Limited (hereinafter to be referred to as Consignee ) filed a complaint against M/s. East India Transport Agency (hereinafter to be referred to as Carrier ) with the allegation that the consignor had booked certain goods through the carrier to be delivered to the consignee but for certain reasons, which need not to be noticed here, the goods did not reach the consignee. Since the goods were insured with the Insurance Company, the Insurance Company made good the loss to the consignor. A complaint was filed by the Consignor, Insurance Company and Consignee against the Carrier claiming a sum of Rs. 97,298 as the loss which allegedly occurred due to non -delivery of goods. The complaint was allowed vide order dated 1.1.1999. The operative portion of the order reads as under :

(3.) IT may be observed here that this order was ex parte against the carrier. The carrier filed an Appeal No. 1142 of 2001 against the aforesaid order of the District Forum before this Commission which was dismissed on 20.12.2001 on the ground of delay in filing the appeal. It is admitted that the carrier did not agitate the matter further so far as the dismissal of appeal on the ground of delay is concerned.