CITY TRANSPORT SERVICES Vs. SRIGANESH TRANSPORT CO

JUDGEMENT

(1.) Necessary and requisite facts as culled out from the materials placed on record, may in brevity, be related in order to understand the crux of the question arising for consideration in this action.

(2.) The complainant is one M/s. Sri Ganesh Transport Co. , located at 37, Sowrimuthu Street Mannady, Chennai. The opposite party is one M/s. City Transport Services, 30, Linghy Chetty Street, Chennai.

(3.) The opposite party M/s. City Transport Services, is the sister concern of M/s. South Cargo Movers Private Limited. The management of both the companies, it is said is the same. On 15.5.1996, the complainant, it is said, engaged the services of the opposite party for consideration to carry by road 186 bales of textile goods from Mumbai to Chennai to be delivered at the goods yard of the complainant. It so happened there were short delivery of 6 bales of textiles valued at Rs.1,04,213/-. This aspect of the matter was intimated to the opposite party and the opposite party, in turn, deputed one of their staff members, namely Sudhakar for verification of the short delivery stated to have been effected. After verification, the opposite party undertook to make good the loss but they however failed to do so. The act of the opposite party in effecting short delivery of goods, the complainant would say, would tantamount to deficiency in service on their part.