S KAPUR CHAND AND SONS Vs. KEWALRAM AGARWAL

JUDGEMENT

(1.) The appellants are absent. The respondent- complainant is present with his Advocate. The complainant approached the District Forum with an allegation that the opposite party No.1 at the relevant time was the owner of the shop at Bangalore. The complainant on 13.1.1995 purchased some silk sarees from the shop worth Rs.10,000/- but paid only Rs.950/-. Opposite party No.1 promised to send the sarees through the Courier, Economic Transport Organisation. It is alleged that instead of sending the consignment through the Courier the opposite party No.1 cheated the complainant by sending the same through post. The parcel was released against payment of Rs.10,000/- through the Andhra Bank. It was found in the parcel some useless materials like stones/old magazines etc. Being aggrieved by the action of the opposite party No.1, the complainant approached the District Forum. The Forum after appreciating the case of the complainant directed for refund of the amount of Rs.12,095/- alongwith compensation of Rs.1,000/-.

(2.) We have heard Mr. Mohanty as well as the complainant in person. We have perused the judgment of the Forum below. We do not find any error in the judgment since the Forum has given a right approach to the case by considering the available materials particularly the evidence of the two witnesses from the side of the complainant who were present at the time of releasing the parcel at Rourkela. We do not find any merit in the appeal. The same is rejected with a further cost of Rs.1,000/- so far as this Commission is concerned.