BEDI GOODS TRANSPORT Vs. B S AGRAWAL

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , (hereinafter called the Act for convenience) is directed against the order dated 24.4.2001 in Complaint No. 20/2000 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short) directing the appellant to pay to the complainant/respondent herein, compensation of Rs. 2,66,323 with interest @ 12% p.a. thereon, payable from 13.10.1999, as also Rs. 1,000 as cost.

(2.) THE complainant averred that it is a registered partnership firm and that iron rod, angles and electrical goods were booked by them with the appellant on 17.3.1999 for being delivered at Singrauli. The total value of the consignment was Rs. 2,75,860. However, since the consignment did not reach the destination at Singrauli, the complainant approached appellant -transporter in April, 1999 and served him a letter dated 16.4.1999 which was returned unserved, as the appellant refused to take it. Thereafter, another letter dated 21.5.1999 was sent by the complainant to the appellant -transporter. It was further averred that appellant -transporter went to the Police Station, Urla along with Ajay Agarwal, representative of the respondent s firm and lodged report of loss of consignment, as above. The complainant thereafter approached the District Forum and filed a complaint, praying that the appellant -transporter be directed to pay him Rs. 2,75,860 towards the value of the consignment, with interest thereon @ 15% besides compensation of Rs. 10,000 and cost, etc.

(3.) THE complaint was resisted by the appellant -transporter. It was averred that the complainant has no legal right to pursue the complaint. It was also averred that the consignment was delivered at the agreed destination and acknowledgement of having delivered the consignment was also obtained by the truck owner Pradeep Singh Parihar. It was further averred that the appellant was not the actual transporter nor the owner of the vehicle in which the consignment was sent. He was only acting as Commission Agent after introducing the complainant to the said truck owner Pradeep Singh Parihar. It was further averred that with the joint efforts of the parties, Police Station, Urla has arrested Ram Prasad Pandey the driver of the vehicle in which the consignment was sent and a charge -sheet under Section 407, IPC was also filed in the Court of JMFC, Raipur for committing fraud, etc. It was also averred that the complainant was not a consumer of appellant -transporter and hence the complaint was not competent and that it could not be decided by the District Forum.