R R GUPTA Vs. ASHOK KUMAR JAISWAL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 6.2.1993 passed by District Consumer Forum, Shahjahanpur in Complaint Case No.191/1992.

(2.) The facts of the case stated in brief are that the complainant despatched 320 bags of super phosphate powder to Baba Khad Store, Powayan on 10.5.1990 through the truck of Sri R. R. Gupta, proprietor of opposite party bearing No. UTU 7475. This consignment was not delivered at Baba Khad Store, Powayan and the fertilizer was miappropriated for which an FIR was lodged at Police Station, Gola. The truck driver admitted before the police that he has sold the fertilizer for Rs.15,200/- and he will pay the amount to the complainant. The amount has not so far been paid and hence the complainant has prayed for the price of 320 bags of super phosphate powder alongwith 18% per annum interest and Rs.10,000/- as cost.

(3.) The opposite party in its written version admitted that the complainant has sent 320 bags of super phosphate powder belogning to the complainant in the truck in question. It is alleged that when the truck reached the destination on 11.5.1990, Baba Khad Store refused to take delivery of the consignment which fact was intimated to the complainant and the material was brought back. The driver of the opposite party/appellant unloaded the consignment in the Gola godown and informed the complainant. The complainant did not collect the consignment inspite of assurance to lift the same. Thereafter, the driver took the consignment to Kanpur. A notice was sent on 26.12.1990 to the complainant to lift the consignment after paying rental of Rs.8,700/-. The complainant has not lifted the material so far.