BOMBAY ANDHRA TRANSPORT ORGANIZATION Vs. KAKI FANCY

JUDGEMENT

(1.) The appeal arises from the order of the District Forum whereby the opposite parties were directed to pay the amount of Rs.57,904/- towards the value of the stock sent through the opposite party courier, with interest and costs.

(2.) The respondent is a fancy goods shop and it purchased school bags and travel bags from M/s Vardhaman Enterprises at Mumbai, on 10-04-2006 goods worth Rs.33,568/- and the goods were booked vide L.R.no. MBY 1100792 dated 12-04-2006 under three packages. The value of the goods was declared by M/s Vardhaman Enterprises is Rs.16,723.20 which according to the respondent isRs.33,568.20. The respondent purchased goods on 6-04-2006 worth Rs.43,121.20 and the goods were booked vide L.R.No. BMY 11323 dated 6-04-2006 under two packages. The value of goods declared by M/s Vardhaman Enterprises isRs.17,971.20 instead ofRs.43,121.20 which according to the respondent is incorrect and the correct value of the goods is Rs.43,121.20. The respondent purchased the goods worth of Rs.68,417.80 and the goods were booked vide L.R>No. BMV 11561 dated 6-04-2006 under five packages. The value of the goods was declared by M/s Prince Corporation, a sister concern of M/s Vardhaman Enterprises, at Rs.23,212/-.

(3.) The respondent contended that the goods were not delivered to it and on enquiry the respondent came to know that a fire accident occurred at the second appellant company?s godown wherein the goods were damaged and the second appellant said to have offered 30% of the value of the goods as declared by the consignor. The respondent claimed the sums of Rs.51,644.52, Rs.66,336.31 and Rs.1,55,397.60ps besides an amount of Rs.50,000/- towards compensation.