DHTC INDIA LTD Vs. JAYANTHILAL AND CO

JUDGEMENT

(1.) This is a revision petition filed by M/s DHTC (RP) India Ltd. against the order of the State Consumer Disputes Redressal Commission, Chennai in appeal No. 449/2006. The respondent, M/s. Jayanthilal & Co., was the original complainant in the proceedings before the District Consumer Forum, Nilgiri district.

(2.) The impugned order is a common order in three appeals against a common order of the District Forum in three complaints, between the present parties. The case before the District Forum was that the present respondent/complainant had transported a consignment of tea, through transporter present petitioner/OP, to the consignee, M/s Nimesh Enterprises of Ahemdabad. The latter was to pay the State Bank of Travancore at Ahemdabad and get the documents. These were to be handed over by the consignee to the transport agency, along with lorry receipts and transportation charge, at the time of delivery of goods.

(3.) The case of the revision petitioner before the District Forum was that the consignee did not take the delivery of goods, therefore, no complaint could lie against him. The bank returned the documents to complainant and debited Rs.48075 to their account. The tea stocks admittedly remained with the transporter and were not returned to the consignor. Understandably, therefore, the District Forum decided that the present revision petitioner should pay to the complainant Rs. 48075, with 18% interest from 31.3.1995 and also Rs.5000 as damages with Rs.1000 towards cost. The State Consumer Disputes Redressal Commission, Chennai, agreed with the order of the District Forum and dismissed the appeal.