T.C.NAGESHWAR Vs. K.S.S.INDUSTRIES

JUDGEMENT

(1.) The opposite parties 3, 4 & 6 are the appellants.

(2.) The complainant/1st respondent filed a complaint against the opposite parties 1 to 6 including the appellants for the claim of Rs.23,613/- being the value of goods sent by consignment along with interest at 24% from 10.1.2000 Rs.11,417/- being the expenses incurred Rs.5,00,000/- as compensation for mental agony and tortures and sufferings and Rs.2,500/- as costs.

(3.) The complainant case in brief is the complainant sent consignment of documents to the 1st opposite party for payment of cost against the documents through bank on 10.1.2000 by bill No.045 for an amount of Rs.23,613/- to the 2nd opposite party Road Transport the documents was sent by registered post on 21.1.2000 through the 6th opposite party to the 5th opposite party containing the invoice of consignment and lorry receipt for the dispatch of pumps. The complainant did not receive the payment from the 1st opposite party on verification it was ascertained that the 1st opposite party has taken delivery of the consignment from 2nd opposite party by submitting the original lorry receipt illegally obtained. When contacted the 5th opposite party for the documents sent and the 5th opposite party informed he did not receive any registered letter from the complainant and having sent to the acknowledgement the 5th opposite party after an enquiry denied the acknowledgement card signature has not belong to any of the employees. Hence the complainant issued a legal notice on 14.9.2000 to all opposite parties and 2nd opposite party replied that the goods were delivered on the basis of original receipts produced. The 5th opposite party confirmed non receipt of the registered post. 3rd and 4th opposite parties did not reply and after sending a letter on 23.12.2000. 4th opposite party sent a reply and by letter dated 3.1.2001 it had admitted that the registered letter was sent on 21.1.2000 and has been wrongly delivered to some other person other than the addressee. Due to the fraud committed in 3rd opposite partys office and action was under process against the erring official. When the complainant demanded money for Rs.39,825/- from the 1st opposite party evaded to pay it. If the registered letter was delivered to the 5th opposite party the 1st opposite party or any other person could not have taken delivery of the goods from the 2nd opposite party without paying the value in to 5th opposite party bank and thereby the officials of 3, 4 and 6th opposite parties have committed fraud and handed over original delivery challans and invoices in the hand of unauthorized person who had taken delivery of the goods thereby causing loss to the complainant, by making the complainant could not realize the value of the goods dispatched. Hence the complainant filed this complaint with the above prayer.