NORTHERN INDIA AGENCIES Vs. CARGO MOVERS OF INDIA

JUDGEMENT

(1.) Briefly the facts are that the complainant sent 35 boxes of cloth to Calcutta through the Qargo Movers of India (Respondent No.1 ). The Cargo Movers of India had a internal arrangement with the Calcutta Delhi Roadways (P) Ltd. (Respondent No.2) and they used to hand over the goods booked by them, for carriage to the latter. They handed over the boxes in dispute to respondent No.2 for carriage to Calcutta.

(2.) It is further pleaded that the goods receipt was handed over by them to the complainant. The purchaser of the goods, namely Jagdamba Agencies, did not pay the price of the goods to the complainant. Consequently the complainant handed over the goods receipt to the Cargo Movers and requested them that the goods to be brought back to Delhi. However, it is alleged, they did not hand over the goods to them.

(3.) It is further pleaded that later, the Cargo Movers of India gave them 2 drafts, one of Rs.10,000/- and the other of Rs.20,000/-. The balance amount of Rs.2,70,749/-, it is alleged, was due from them to complainant.