KEDAR DAS Vs. JALAJ MOTOR TRANSPORT CO

JUDGEMENT

(1.) This revision petition is directed against the order dated 13th September, 1996 of the State Consumer Disputes Redressal Commission, Jaipur dismissing the complaint filed by the complainant on the ground that the District Forum, Jodhpur had no jurisdiction to entertain the complaint.

(2.) Briefly, the facts of the case giving rise to this petition are that the complainant hired the services of respondent, '-i.e. transporter to carry the consignment from Delhi to Jodhpur. As the goods were not delivered to the complainant, he filed a complaint before the District Forum, Jodhpur claiming from the respondent the value of goods, i.e. Rs. 11,702/- alongwith interest @ 18%. The complaint was contested on behalf of the transporter on various ground inter alia that the Jodhpur District Forum had no jurisdiction to entertain the complaint. The District Forum after considering the material placed on record, allowed the complaint and directed the transporter to pay the value of the goods, i.e. Rs. 11,702/- with interest @ 18%. The amount of Rs. 2,500/- was also awarded by way of compensation for travelling expenses, business loss, and mental distress. The District Forum returned the finding that the District Forum, Jodhpur had the jurisdiction to entertain the complaint.

(3.) The carrier being dis-satisfied with the order of the District Forum, approached the State Commission by way of an appeal. The appeal filed by the carrier was allowed by the State Commission by the impugned order. The State Commission dismissed the complaint on the ground that the District Forum, Jodhpur had no jurisdiction to entertain the complaint as there was a condition in the Goods Receipt which provided that Jaipur Courts alone will have jurisdiction in respect of claims and matters arising under the consignment of goods entrusted for transportation. The complainant has assailed the order of the State Commission by filing this revision petition.