RAIN INDUSTRIES LTD Vs. NITIN ALLOY STEELS

JUDGEMENT

(1.) Vide impugned order dated 17th November, 2006 passed by the District Forum III, Hyderabad in CD. No. 295/2006 dismissing the claim filed against the respondents/OPs to direct payment of Rs.2,40,034/- with compensation of Rs.one lakh has been challenged on the ground that 16 Plate carrier frames which were purchased from OP 1 were consigned through OP 2 carrier but at the time of delivery only 15 frames were delivered instead of 16 frames and that two moveable frames were delivered in damaged condition for which Ops 1 and 2 are liable to compensate the loss for its value and also to pay compensation.

(2.) The facts of the case are that the complainant had placed a purchase order with OP 1 for supplying Plate carrier frames 16 in number for Rs.4,00,140/- on 10.3.2005 and the said purchase order was acknowledged. The OP 1 had acknowledged the purchase order on 28.1.2005 and the consignment was entrusted to OP 2 for delivery at Hyderabad. At the time of delivering the consignment at Hyderabad OP 2 had delivered only 15 pieces of the material on 19.3.2005. The official of OP 2 by name Mukesh who was present at the time of delivery had addressed a letter to OP 1 informing that there is shortage of one frame at the time of delivery and two moveable frames and one fixed frame were received in damaged condition. The complainant also addressed a letter dated 28.03.2005 to OP 1 with regard to shortage of one frame and damage to other frames. OP 1 in its letter dated 28.3.2005 informed the complainant that damage has to be claimed from the transporter itself, i.e. from OP2. Pursuant there to the complainant addressed a letter dated 13.7.2005 to OP 2 estimating the loss at Rs.2,40,034/-. OP 2 failed to pay the same. Hence Ops 1 and 2 are liable to compensate the loss on account of deficiency in service. OP 1 remained exparte.

(3.) OP 2 in its counter stated that OP 2 is not a party to the transaction and the complainant being a company is not a consumer and the goods were purchased for commercial purpose. The consignment was booked under consignment note said to contain basis without verifying its condition and the same were transported in the same condition entrusting the same by delivering it to the complainant at Hyderabad. OP.2 denied the allegation of short delivery of one item or delivery of other item in damaged condition to fasten any liability.