SUBH LAXMI TRANSPORT SERVICE Vs. PARTH TRADERS

JUDGEMENT

(1.) -this appeal arises from order dated 13th February, 1997 rendered by the learned Ahmedabad City Consumer Disputes Redressal Forum in Complaint No.730/1995.

(2.) The complainant made grievance with regard to alleged non-delivery of the goods covered under Lorry Receipt No.0043456 dated 8th November, 1993. According to the complainant the goods ought to have been delivered to the consignee M/s. Anu Fashions of Vadodara on the next day i. e.9th November, 1993 or at least within 15 days from the date on which the goods were handed over to the opponent Transport Company. The value of the goods is stated to be Rs.3,159.50 p. It was the complainant's case that the complainant came to know about non-delivery of the goods when the complainant did not receive payment of the goods from the consignee. The complainant, therefore, communicated with the opponent Transport Company and issued notice dated 10th March, 1995. The opponent Transport Company received notice on 24th March, 1995 but did not give any reply to the said notice. It was, therefore, alleged that there was deficiency in service on the part of the opponent Transport Company. The complainant, therefore, prayed for Rs.3,559.50 p. being the value of the goods, Rs.1,700/- being loss of interest, Rs.5,000/- being compensation on account of loss of business and reputation, and Rs.1,500/- being the amount of notice charges and cost, in all Rs.11,759.50, and such complaint was filed on 8th November, 1995.

(3.) Now the complaint had been filed by the partnership firm in the name and style of M/s. Parth Traders and its partner Hemang Hansrajbhai Soni (described in ink in the title of the complaint) who had signed the verification. In the background of such facts flowing from the complaint itself the reply given by the opponent to the learned Forum was required to be taken into consideration by the learned Forum. However, the learned Forum discarded the same on the ground that there was no affidavit in support of such reply.