STATE BANK OF INDIA Vs. DEEPAM SIZING MILLS

JUDGEMENT

(1.) By way of present revision petition challenge to order dated 22.3.2011, State Consumer Disputes Redressal Commission, Chennai (for short as "State Commission").

(2.) Brief facts of this case are that respondent No.1/complainant consigned goods worth of Rs. 1,56,185 on 4.7.2002, to the consignee M/s Shankar Handloom House, Dehri Rohatas in Bihar, through respondent No. 2/carrier, entrusting the documents with petitioner for collection of amount from the consignee and credit the same in his account. On inquiry, petitioner informed that they had sent the documents by registered post, whereas the branch at Dehri omitted to inform them regarding the collection of the amount. Under the said circumstances, respondent No. 1 requested the petitioner to return the bill since the amount was not credited but petitioner refused. The consignee also has not paid the amount. It appears that without the documents viz. lorry receipt and other documents viz. invoice, respondent No.2 had delivered the goods, which should be construed as negligent act as well as deficiency in service. Petitioner who undertook to collect the amount for which he had also collected some service charges, failed to collect the amount, thereby has committed deficiency.

(3.) Despite repeated demand and notice, both parties have failed to pay the value or return the goods, or the documents. Accordingly, respondent No. 1 filed complaint for the recovery of the value of the goods viz. Rs. 1,56,185, with compensation of Rs.75,000 with cost.