BATA SHOE STORE Vs. VISHAL GOODS TRANSPORT COMPANY

JUDGEMENT

(1.) THIS is complainant's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 10.4.2007 passed by the District Forum, Nainital, dismissing consumer complaint No. 14 of 2006.

(2.) IN brief the facts of the case are that the complainant is running the business under the name and style of M/s. Bata Shoe Store. On 3.2.2005, the complainant booked a consignment containing two cartoon bags of shoes with the opposite party, to be delivered to Bata Shoe Store, Moradabad. The goods were worth Rs. 15,869. The delivery of the goods was to be made through Laxmi Transport Company. The goods were not delivered at the destination. On inquiry being made from the opposite party, the opposite party did not give any satisfactory reply. On goods not being received by Bata Shoe Store, Moradabad, they issued a letter on 20.5.2005 to the complainant, indicating therein that in spite of expiry of period of 90 days, the goods have not been received by them and now they do not want the said goods and asked the complainant to receive back the goods from the transport company. The complainant again made an inquiry from the opposite party, but neither the goods were delivered at the destination, nor the same were returned to the complainant. The complainant sent a notice to the opposite party under Section 10 of the Carriers Act, which was refused by the opposite party. Alleging deficiency in service on the part of the opposite party, the complainant filed the consumer complaint.

(3.) THE opposite party filed written statement and pleaded that the complainant is not a consumer because he is engaged in commercial activity. The goods sent by the opposite party were duly received by the transport company at Moradabad, but the complainant did not take the delivery of the goods.