DELHI-UP-MP TRANSPORT CO Vs. NEMICHAND BHATRI

JUDGEMENT

(1.) This appeal is directed against the order dated 20.12.2000 passed in Complaint Case No.32/1999 by the District Consumer Disputes Redressal Forum, Narsinghpur (for short the 'district Forum') whereby the complaint for deficiency in service in not delivering the consignment entrusted to the appellant on 24.9.1998 vide Bilty No.289608 to be transported from Ludhiana to Narsinghpur to be delivered to the respondent No.1 was allowed with an order to the appellant to pay Rs.20,663/- with interest thereon at the rate of 10% per annum from 1.10.1998 along with Rs.500/- as costs of the proceedings.

(2.) It is not in dispute that on way at the gun point dacoits kidnapped the driver and the cleaner and looted the truck No. P. A. T.6913 with the goods loaded with readymade hosiery and woolen garments was also being transported. A First Information Report was lodged at the Police Station. During investigation the truck and some of the goods were seized/recovered by Seemapuri Police Station, Delhi of which the appellant sent information to the respondent No.1 to take delivery of the goods so recovered from the said Police Station, but the respondent No.1 did not take delivery of the goods.

(3.) Learned Counsel for the appellant submitted that on admitted facts which have come on record there was no negligence on the part of the appellant, hence, in view of Sec.9 of the Carriers Act, 1865 as negligence having not been established, the appellant is not liable to pay the amount for the reason that the truck was looted by the dacoits and driver and cleaner of the truck were kidnapped. Placing reliance on the decision of the Maharashtra State Consumer Disputes Redressal Commission, Bombay in case of Salco Extrusions Private Limited V/s. Deepak Transport Agency Pvt. Ltd., 1999 1 CPJ 342, it was submitted that in the circumstances the appellant cannot be made liable to pay the amount.