FRENCH EXPRESS Vs. SRI DEVI SILK

JUDGEMENT

(1.) THIS is a revision against the order passed by the State Commission, Chennai. The respondent had entrusted to the petitioner, a consignment of silk sarees worth Rs. 2,87,400/- on 31.5.1996 to be transported to Ernakulam and effect delivery to the consignee namely, Jayalakshmi Silk House. The petitioner had charged a sum of Rs. 585/- for such transportation. The consignment of silk sarees sent to the consignee, Jayalakshmi Silk House at Ernakulam was short delivered silk sarees to the extent of Rs. 1,64,550/-. Only argument advanced was that the petitioner had done that he could do for proper carriage/agency i.e. Southern Railways. We have examined the reasoning given by the District Forum in fixing the responsibility on petitioner as well as by the State Commission. There is a concurrent finding of deficiency of service by the District Forum and the State Commission. The petitioner has been directed to make the payment to the respondent No. 1 together with interest at the rate of 16% per annum from 7.3.1998.

(2.) COUNSEL appearing for the petitioner has cited the case of Ravneet Singh Bagga v. KLM Royal Dutch Airlines & Anr., III (1999) CPJ 28 (SC)=IX (1999) SLT 311=(2000) 1 SCC 66, which was a case of delay due to re-verification of visa which is quite different from non-delivery of goods. That case is, therefore, not similar to the present case. If any, it is the ratio of the judgment of the Hon'ble Supreme Court in the case of Patel Roadways v. Birla Yamaha Limited :