BHILAI GOLDEN TRANSPORT CO Vs. RAIPUR SALES AGENCY

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 (hereinafter called the 'act' for short) is directed against the order dated 13.8.2002 in Complaint No.100/2002 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the 'district Forum' for short) whereby the complaint was allowed and the opposite party appellant herein, was directed to pay the complainant-respondent, a sum of Rs.1,09,138.84 p. with interest and cost to the complaint.

(2.) The relevant facts no longer in dispute stated in brief are, that the complainant respondent is a dealer in coir mattresses, pillo covers, etc. The opposite party appellant is a common carrier. The complainant respondent booked a consignment consisting of 19 bundles of coirform mattresses, duly packed, with the appellant for delivery at Nagpur. Receipt No.100543 dated 18.1.2002 was issued by the opposite party appellant. The value of the consignment as mentioned in the receipt was Rs.1,47,121.72 p. However, opposite party appellant returned to the complainant 4 bundles of the said consignment of 19 bundles, initially booked. The value of the said 4 bundles returned to the complainant was Rs.37,982.88 p. Thus, consignment worth Rs.1,09,138.84 p. was despatched by the appellant, which was to be delivered to the consignee, at Nagpur. It is also not in dispute that the said consignment was not delivered to the consignee.

(3.) According to the complainant respondent, despite requests and reminders by him the aforesaid consignment was not delivered to the consignee at Nagpur. Therefore, the complainant wrote letter dated 29.1.2002 to the opposite party-appellant, which was neither replied to nor the consignment was delivered to the consignee. The complainant, therefore, served a notice dated 2.3.2002 on the appellant and demanded Rs.1,09,138.84 p. the value of the goods booked with the appellant. Since the amount was not paid, the complainant preferred complaint before the District Forum.