SOUTH EASTERN CARRIERS LTD Vs. B RAJINDRA

JUDGEMENT

(1.) Petitioner is a common carrier. It was opposite party before the District Forum. Complaint of the respondent-complainant was that he had engaged services of the petitioner for carrying his household goods in 19 packages from Mysore to Noida. A sum of Rs. 13,025/- was paid as freight charges. Full truck had been engaged for the purpose by the complainant. However, it transpired that the truck met with an accident and the gods of the complainant were destroyed in a fire. Therefore, goods were not delivered. Complaining deficiency in service complaint was filed by the complainant with the District Forum claiming Rs. 1,35,000/- as cost of the goods, refund of the freight charges and cost. District Forum awarded a sum of Rs. 70,000/- as cost of the household goods, refund of the amount of Rs. 13,025/- and Rs. 800/- as cost.

(2.) Both the complainant and the petitioner filed separate appeals before the State Commission. Both the appeals were dismissed and order of the District Forum was affirmed. It was, however, ordered that in case the order of the District Forum was not complied within 30 days from the receipt of the order of the State Commission interest would be charged @ 12% per annum till the whole amount was realised.

(3.) Still feeling aggrieved, petitioner has filed this revision petition. It is alleged that there was no evidence regarding the value of the household articles and that the amount of Rs. 70,000/- awarded was without any evidence. We are unable to agree with this contention. Claim made was Rs. 1,35,000/- and District Forum reduced the same to half. Household goods were being carried in 19 packages and as stated above one whole truck was engaged for the purpose. If the complainant had to go to the market and buy those very household goods he will have to shell out few lakhs of rupees and in the circumstances we do not think the award of Rs. 70,000/- was in any way on the higher side. We do not find any merit in this revision petition for us to exercise our jurisdiction under Clause (b) of Section 21 of the Consumer Protection Act, 1986. This revision petition is dismissed with cost which we quantify at Rs. 2,500/-. Revision Petition dismissed.