M P ROADLINES Vs. MANGAT RAM

JUDGEMENT

(1.) Brief facts as stated in the complaint are that the complainant firm is manufacturer of handloom blankets, mufflers and shawls etc. The complainant firm sent five consignments worth Rs.1,73,700/- to M/s. Babita Saree Centre, Bhillai, Pardesi Chowk, Ram Nagar Post Office, Supalla District, Durg (M. P. ). M/s. Babita Saree Centre had asked the complainant to send the goods through the respondent Company and documents through the UCO Bank and State Bank of India, Supalla, Bhillai. The consignments were handed over to respondent No.1-M/s. M. P. Roadlines (Regd.) (who is appellant in this appeal) (hereinafter called the opposite party), for transportation of the goods. The complainant was the consignor as well as the consignee of the goods. The value of the goods was disclosed in the G. Rs. The complainant had sent the documents of G. Rs. , Hundis and Bills after endorsement in favour of UCO Bank in respect of G. R. No.165973 and to the State Bank of India in respect of the remaining four consignments. M/s. Babita Saree Centre was to get the documents retired from the Banks after making the payment of the goods and then the goods were to be presented in the branch office of opposite party (appellant) for delivery and then the delivery was to be made. The documents were returned by the Bank with the remarks that the payments were not forthcoming; as such the complainant had requested the opposite party (appellant) for rebooking the consignments of goods. The opposite party was told that in case the goods were delivered then the payment should be made with interest. The complainant made many requests to the opposite party to rebook the goods; but the opposite party had not done so. It is further stated in the complaint that the complainant had also written many letters to the opposite party with this regard. On enquiry it was found that the opposite party had delivered the goods without G. Rs. and in this way the opposite party caused wrongful loss to the complainant. The opposite party had admitted the delivery of the goods without G. Rs. vide letter dated 13.12.1996. A draft for payment of Rs.20,000/- received from M/s. Babita Saree Centre was also sent. In addition, the complainant received a draft of Rs.7,000/- drawn on UCO Bank. The rest of the amount has not been paid. According to the complainant a total sum of Rs.32,000/- has been received so far and an amount of Rs.1,41,700/- was still recoverable from the opposite party for his negligence. The opposite party having acted illegally, the liability of the opposite party was there to make the payment. It is then prayed in the complaint that the opposite party be directed to pay an amount of Rs.1,41,700/- with interest @ 24% and to pay Rs.10,000/- as costs.

(2.) The opposite parties in their written statement had taken preliminary objection that the complainant was not the consumer. The dispute was of civil nature and the complainant should have approached the Civil Court. It was then stated in the reply that there was no negligence on the part of the opposite party. The complaint was bad for Disputes Redressal Forum, Ludhiana (hereinafter called the District Forum) has no territorial jurisdiction. Payment of Rs.32,000/- was admitted. According to the opposite party the goods were duly transported after the booking and the consignee was requested to take the delivery of the consignments bearing Nos.166528, 166553 and 166530, but the consignee took the delivery of other two consignments bearing G. R. Nos.166771 and 166531. According to the opposite party, it was not stipulated that the delivery was to be made after presentation of the documents. Rather the opposite party was instructed to collect the amount offered by the consignee. The other three consignments were rebooked as per instructions of the complainant and the goods were brought to Ludhiana on which even the octroi was paid and were delivered back to the complainant. As such no amount was recoverable from the opposite party.

(3.) After hearing the Counsel for the complainant and going through the documents on the record, the District Forum directed the opposite party to pay Rs.1,41,700/- to the complainant alongwith interest @ 18% per annum from the date of booking of the last G. R. i. e. , 14.11.1995 till the date of payment. The opposite party was further directed to pay Rs.5,000/- as costs.