LAWS(TNCDRC)-2004-6-6

CHIEF CLAIMS OFFICER CENTRAL RAILWAY Vs. VADIVU TEXTILES

Decided On June 16, 2004
Chief Claims Officer Central Railway Appellant
V/S
VADIVU TEXTILES Respondents

JUDGEMENT

(1.) THE complainant booked certain goods by Railway for delivery at the place called "tadali" in Maharastra State. The goods were not delivered at all by the opposite parties. Therefore, alleging deficiency, the complainant laid the complaint claiming the value of goods and further sums as compensation towards loss, suffering and damages.

(2.) THE Lower Forum by majority held that the complaint cannot ask for damages for the loss of goods, but, however, held that for the mental agony caused, the complainant is entitled to compensation of Rs.1,000/ - and that there is deficiency in service and, therefore, directed the opposite parties to pay a sum of Rs.1,000/ - with cost. The President of the lower Forum, however, disagreed and held that the complainant was not entitled to any relief.

(3.) BUT , in view of the decision of the majority, the opposite parties aggrieved by the same had preferred this appeal.