RAKESH NAHATA Vs. GATI CORPORATION LTD

JUDGEMENT

(1.) This is an appeal by the complainant against the order of dismissal passed by the Forum.

(2.) The complainant sent one packet of computer articles valued Rs.6,000/- ex Calcutta to Mumbai on 8.5.1999 through the O. P. Nos.1 and 2 for delivery to O. P. No.3. The date of delivery was fixed on 13.5.1999. The complainant paid Rs.277/- on account of freight, services tax to the O. P. Nos.1 and 2, but they did not effect delivery of the articles even after the lapse of a long time. After several correspondence he was informed by O. P. Nos.1 and 2 that the said consignment was lying at their delivery branch at Mumbai for non-payment of octroi. Moreover, they demanded from him a sum of Rs.2,872/- as freight charges etc. Further, they threatened to sell the consignment by public auction. Hence, the complainant approached the Forum.

(3.) The case was contested by O. P. Nos.1 and 2 by filing written objection. According to them delivery of the consignment was taken by the O. P. on payment of octroi duty of Rs.504/-. They claim that when the consignee was asked to take delivery of the articles on payment of octroi duty paid already by O. P. the consignee refused to take delivery of the same on payment of octroi charges. Thereafter, they informed both the consignor and the consignee demanding payment of freight charges and other charges incidental thereto. They also informed both the consignor and consignee that unless delivery of the goods is taken, the same would be brought back to their office at Bangalore and the same would be put on sale for recovery of their dues.