INDO FRENCH LABORATORIES LIMITED Vs. KERALA ROADWAYS LIMITED

JUDGEMENT

(1.) The respondent has not appeared before this Commission. The Lower Forum has held clearly on appreciation of facts that there has been deficiency in service on the part of the opposite parties. Admittedly the consignment entrusted by the complainant to the opposite parties was not delivered to the consignee. The consignment got damaged in a fire accident which took place during transit. The complainant wrote several letters to the opposite parties as we see from the Exhibits marked on the side of the complainant and which have been referred to by the Lower Forum. The opposite parties have not cared to reply. Not only that, they have not heeded to the request of the complainant to re-book the consignment. They have omitted to give certificate of damage and thus on every account, the opposite parties have been guilty of wanton negligence and carelessness. Finally it became clear that out of the consignment of 89 boxes of medicines, only 13 boxes were found intact while the other 76 boxes were found damaged.

(2.) The Lower Forum has found everything in favour of the complainant but while concluding, the Lower Forum has passed an order directing the complainant to furnish the value of the 76 boxes damaged in the fire accident to the opposite parties so as to enable them to pay the value of the damaged consignment within one month from the date of its order and directed the opposite parties to pay the value of 76 boxes of medicines and further directed the opposite parties to entrust 13 boxes containing the medicines to the complainant with a cost of Rs.1,000/-.

(3.) Aggrieved by the order, the complainant has preferred this appeal before this Commission.