LAWS(NCD)-2004-3-349

GATI CORPORATION LTD Vs. N KANNAN

Decided On March 17, 2004
GATI CORPORATION LTD Appellant
V/S
N Kannan Respondents

JUDGEMENT

(1.) The complainant's case is that he booked cardamom worth Rs.2.1 lakhs for transportation to New Delhi through the opposite parties. According to the docket slip (consignment note), the delivery is to be effected to 'self". The delivery was not effected. The complainant has not given any authorization to make delivery to his consignee. Despite several letters, the opposite parties have not chosen to inform as to what happened to the goods. There is deficiency of service. Hence, the complaint.

(2.) The opposite parties contended that the consignment was handed over to Suresh Kumar and Amit Kumar, Delhi on 5.10.2001 as per the telephonic instructions of the complainant. The complainant, after being fully aware of the same, with ulterior motive and in collusion with his agents, has filed this complaint as though the delivery has not been effected. This Court has no jurisdiction since the cause of action has arisen only in New Delhi. The complaint does not relate to a consumer dispute. The opposite parties requested that the complaint be dismissed with costs.

(3.) The Lower Forum accepted the complaint and directed the opposite parties to pay a sum of Rs.2,10,000/- with compensation of Rs.10,000/-. Hence this appeal.