MANISH AGRAWAL Vs. DHANDHURAM SAHU

JUDGEMENT

(1.) FEELING aggrieved by order dated 3.9.09, passed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short), in complaint case No. 193/08, this appeal has been preferred by the or of that complaint case, who has been directed to pay Rs.2,46,440 along with interest by way of compensation to the complainant respondent on account of loss to the goods loaded in the transport vehicle of the appellant herein and was being transported to another destination.

(2.) IN nutshell the case of the complainant, before District Forum, was that on retirement he was to transport his household articles from Bilaspur to his home village Aurethi. The appellant herein was contacted for that purpose and goods were loaded in vehicle No. CG0A -5010 ?or the purpose of transport. Fare of Rs. 1,600 was agreed between the parties out of which, Rs.500 was paid in advance. In the way the vehicle caught fire and household articles of the complainant respondent were burnt totally, on account of that fire. As per the assertion of the complainant, the value of the goods loaded in the truck was Rs.2,46,440. He demanded that amount from the OP and when the amount was not paid then consumer complaint was filed before the District Forum.

(3.) THE complaint was contested by the appellant OP on the defence that li was never informed to the transporter as to what articles have been loaded in the truck, their value was also not intimated. Alongwith the goods the owner himself and his other family members were travelling and on account of short circuit, in the engine, during journey, the incident of fire to the vehicle happened, resulting in total loss of the vehicle as well as the articles loaded therein. It has been contended that it was an act of God and was not on account of any negligence on the part of the appellant or his employee, so nothing was payable by way of compensation.