SHEKHAWATI ROADWAYS Vs. CHOTHU RAM JAI KUMAR JAIN

JUDGEMENT

(1.) This appeal under Sec.15 of the C. P. Act, 1986 (the 'act') is directed against the order dated 16.8.1999 whereby the District Forum No.1, Jaipur has decreed respondent's claim for Rs.5,145/- as cost of goods and Rs.1,000/- as compensation against the appellant.

(2.) The case of the respondent-complainant was that on 6.5.1995 he had delivered a consignment of four cartons of stoves to the appellant for transportation from Jaipur to Tara Nagar but the appellant fraudulently and dishonestly misappropriated the said goods and did not deliver the same to the respondent or his authorised person despite repeated requests and thus rendered deficient services to him. Appellant's version of the case, however, was that since the buyer of the goods, M/s. Mayur Enterprises, Tara Nagar, had not retired the documents from respondent's banker, Bank of Baroda, Tara Nagar, the said Bank returned the documents to the respondent, that the respondent discussed the matter with the said buyer and thereafter requested the appellant to deliver the goods to the buyer and collect the invoice-amount from him and that although through the good offices of M/s. S. K. Transport Co. , Tara Nagar the appellant got the goods delivered to M/s. Mayur Enterprises, Tara Nagar but when the appellant tried to deliver the Demand Draft for Rs.3,767/-, as sent by the said buyer to the appellant, the respondent declined to receive the same and dishonestly filed this frivolous and vexatious complaint against them. The District Forum, however, accepted the version of the case as given by the respondent and held the appellant guilty of rendering deficient services to him and decreed his claim in the manner stated above.

(3.) After having heard the learned Counsels for the parties and on examining the material on the record of the Forum we are of the opinion that the District Forum did not appreciate the material on its record in right perspective.