AMRITSAR DELHI GOODS CARRIERS AND ORS Vs. LUCKY ENTERPRISES, DANA MANDI, GATE BHAGATANWALA, AMRITSAR AND ORS

JUDGEMENT

(1.) THE appellants are running the business of transport in the name of appellant No.1 while appellants No.2 to 4 are its partners. The respondents despatched 290 bags of paddy weighing 145 quintals for the value of Rs.90,353.59 from Amritsar to Dhuri under bill No.359 dated 14.09.2001 vide GR No.040904 dated 14.09.2001 through the appellants. The goods were to be delivered to M/s Vimmi Rice Mills, Sangrur Road, Dhuri, The appellants were responsible for safe carriage of the goods from Amritsar to its place of destination and the goods were expected to reach the place of destination on 15.09.2001.

(2.) IT was further pleaded that the goods did not reach the place of destination on the scheduled date on which the respondents filed an application dated 17.09.2001 with the appellants to know the condition of the goods. The appellants were requested to ensure that the goods were delivered at the place of destination with intimation to the respondents. However, the appellants failed to deliver the goods at the place of destination. Alleging deficiency in service on the part of the appellants, the respondents filed the complaint against them in the learned District Consumer Disputes Redressal Forum, Amritsar (in short "the District Forum") claiming the value of the goods to the tune of Rs.90,353.59. Compensation, interest and costs were also prayed.

(3.) THE appellants filed the written reply. The preliminary objections were pleaded that no notice under Section 10 of the Carriers Act has been served on the appellants. It was also pleaded that interpolations were made in the GR by inserting the name of the consignee and of the consignor and by incorporating the value and quantity of the goods falsely. The jurisdiction of the learned District Forum was also disputed. It was admitted that the appellants were running the business of transportation. It was denied if the respondents had got despatched 290 bags of paddy weighing 145 quintals for the value of Rs.90,353.59 from Amritsar to Dhuri vide GR No.040904 dated 14.09.2001. It was pleaded that the GR was issued but the respondents had not handed over any goods to the appellants for transportation.