PARAS PARIBAHAN Vs. LINK

JUDGEMENT

(1.) This appeal is directed against order dated 24.4.1998 directing the opposite party-1 to pay a sum of Rs.17,052.50 to the complainant together with interest @ 12% p. a. w. e. f.3.6.1992 to the actual date of payment. The fact of the case is that the complainant despatched a consignment of goods from Delhi to Calcutta and the present appellant was entrusted to carry the goods. Initially, the opposite party-1 refused to deliver the goods to the complainant. Ultimately, the delivery was effected on 15.9.1992. During delivery, it was noticed that the goods were damaged. A survey was conducted which revealed that 559.10 mtrs. of cloth were damaged. Consequently, the complainant has lodged this claim.

(2.) Upon consideration of the materials on record, the Forum decreed the claim for Rs.17,052.50 p. and directed opposite party-1 to pay the amount together with interest @ 12% p. a. Being aggrieved thereby the opposite party has preferred this appeal. According to the appellant M/s. Chander Fabrics of Delhi was both the consignor and consignee of the articles in question and the appellant was the carrier of goods from Delhi to Calcutta and as per instruction of the consignor, the articles were delivered to respondent-1. Learned Counsel for the appellant submits that since respondent-1 was neither the consignor nor the consignee of the articles in question it cannot maintain this action. It is also submitted that respondent-1 has no right to file the case. During hearing, the respondent has produced paper to show that M/s. Chander Fabrics of New Delhi authorised and empowered the complainant to lodge complaint and to receive payment. It also appears from the papers that they have a running A/c with respondent-1 and they have received a sum of Rs.11,000/- against the bill. There has been an assessment of damage by Surveyor who by its report dated 7.10.1992 found that 559.10 mtrs. of cloth were damaged by water. It appears that Forum has assessed the compensation @ Rs.30.50 p. per mtr. of the cloth. Since the complainant has sustained loss due to negligence, the Forum was pleased to award compensation for the loss as already mentioned. We have perused the judgment and it. The appeal is without any merit and accordingly it is dismissed on contest. Appeal dismissed.