HIRUSAH COSMETICS (P) LTD Vs. KERALA ROADWAYS LTD

JUDGEMENT

(1.) The unsuccessful complainant is the appellant.

(2.) Facts leading to this appeal, in brief: The complainant has booked 11 cartons of Agarbathis, valued at Rs.31,398.68, for transportation from Kancheepuram to Nasik as Self through the second opposite party by their lorry way bill No.9801417, dated 11.04.2001, raising the invoice in the name of M/s.Grace Agencies, Nasik. The documents were sent to Bank of Maharashtra, Nasik for collection to the M/s.Grace Agencies, Nasik.

(3.) As M/s.Grace Agencies, Nasik failed to make payment to the Bank, the complainant requested the opposite parties branch at Nasik to rebook the consignment, to the Kancheepuram undertaking to pay the freight charge on arrival and delivery. On 25.07.2001, the consignment was rebooked and on receipt of the lorry receipt, the complainant came to know that M/s.Grace Agencies, Nasik had paid Rs.965/- for transportation from Kancheepuram to Nasik and the reason is not known. The complainant while making arrangement to take delivery of the goods, on 16.08.2001, he had noticed the packing was different, thereby he doubted tampering committing theft, repacked, and leaving damaged goods alone. Therefore, refusing to take back the consignment, when the complainant sought for the value of the consignment, despite through number of letters, including legal notice, there was no compliance, thereby opposite parties have committed deficiency, causing mental agony and in this view, the opposite parties are liable to pay the value of the consignment of Rs.31,398.68, with compensation of Rs.25,000/-. Thus, the claim.