PARAS MAL Vs. ROSHAN FREIGHT CARRIERS

JUDGEMENT

(1.) This is an appeal against the order of the District Forum dated 3.12.91, in which it was held that it had no jurisdiction to entertain the complaint and consequently it dismissed the same.

(2.) Briefly the facts are that the complainant booked goods on 21.6.89 vide G. B. No.902584 at Delhi with the respondent, for being carried to Ferozabad. The goods were of the value of Rs.10,843/- and were to be delivered to M/s. Lucknow Perfume General Store, Ferozabad. The goods receipt, invoice etc. were sent by the complainant to the consignee through Central Bank of India. After some days the goods receipt, invoice etc. were received back by him from the Central Bank with a memo dated 23.8.89 that the consignee refused to make the payment of amount of the bill.

(3.) The complainant then wrote to the respondent to send back the goods to the complainant. After waiting for a long time he received an information from the respondent that the goods had been received back at Delhi and the delivery be taken. When he went to take the delivery, he found that the cases in which the goods had been packed, were torn and the cartons were empty. He wrote a letter to the respondent to make payment of the amount of the goods which they failed to do. Consequently, he filed a complaint for recovery of the price of the goods with interest @ 24% p. a. plus Rs.25/- and Rs.20/- as bank charges and other charges respectively.