SRINATH TRAVEL AGENCY Vs. VED PRAKASH MEHTA

JUDGEMENT

(1.) RESPONDENT booked a parcel of wedding Saris with the appellant for delivery to Naresh Chand Amba Lal of Malda Street. Udaipur, against service charges of Rs. 60 only. On failure of the appellant to deliver the Saris to the consignee the District Forum vide its order dated 20.5.1999 directed the appellant to pay the cost of the Saris amounting to Rs. 38,615 and that too with interest @ 15% w.e.f. 6.10.1994 till the payment is made and also to pay Rs. 1,000 as cost of litigation.

(2.) FEELING aggrieved the appellant has preferred this appeal.

(3.) THOUGH the appellant took the plea before the District Forum that the parcel containing the Saris was delivered but late yet the District Forum repelled this contention in view of letters dated 22.10.1993 and 25.2.1994 (Exbs. C -3 and C -4) sent by the consignee to the respondent that the goods have not been received by them. Appellant also took the plea that as per terms of the contract between the parties the maximum liability of the appellant was to the extent of Rs. 2,000 only.