JAI BHARAT TRANSPORT Vs. INDERLAL AGARWAL

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 3.10.2001 in Complaint No.634/1996 by District Consumer Disputes Redressal Forum, Raipur, (hereinafter called 'district Forum' for short) directing the appellant to pay to the complainant/appellant Rs.1,17,196/- with interest at the rate of 12% per annum thereon.

(2.) The averments in the complaint were that the complainant/appellant has a 'daal' Industry. The complainant/respondent had booked a consignment of 47 bags of Gram Daal weighing 45 quintals, 59 kgs. worth Rs.63,871.59 being delivered to the consignee M/s. Indermal Himtaji at Vishakhapatnam (A. P. ). Another consignment of 97 bags of Gram Daal weighing 44 quintals 62 kgs. worth Rs.62,572.62 was also booked by complainant/respondent with the appellant transporter on 20.8.1996 for being delivered to Jain and Sons, Vishakhapatnam. The appellant/transporter acknowledged having received the consignments as above and handed over the receipt thereof. Both the said consignments were despatched by the appellant/transporter by truck No. A. P.-31-T 2597 under intimation to the complainant. However, the consignments as above, got wet on the way, therefore, the consignee did not accept the Gram Daal hence the same was returned by the opposite party appellant to the complainant/respondent on 26.8.1996. As the said Daal was rendered totally worthless, therefore, complainant/respondent initially refused to accept the same. However, since the appellant/transporter threatened that he would throw away the said Daal, therefore, complainant had to accept the same. The complainant further averred that he sent notice dated 28.8.1996 in the above regard and requested appellant transporter to take back the damaged Daal otherwise the complainant will have to sell the same in the market. It was also averred by the complainant that the said damaged Dal was sold by him for Rs.9,187.55/-.

(3.) According to the averments of the complainant he had handed over the consignment of Daal worth Rs.1,26,384.21 to the appellant/transporter, which was damaged as above due to the negligence of appellant/transporter and, therefore, the complainant was put to loss of Rs.1,17,196.66 after adjustment of Rs.9187.55 which were received by the complainant on selling the said damaged Daal. The complainant, therefore, prayed in his complaint that the above amount be directed to be paid by the transporter/appellant to him with interest.