BIJAY KUMAR Vs. MAHENDRA PAL SINGH

JUDGEMENT

(1.) This appeal has been preferred by the complainant against the order dated 19.12.2003 passed by District Forum, Lakhisarai whereby and whereunder it has been held that complainant has not been able to prove its case and Lakhisarai District Forum, has no jurisdiction to try the complaint and the proper Forum is Patna. This appeal was heard ex parte, as the respondent did not appear in spite of the notice.

(2.) The brief fact of the case is that complainant-appellant on 2.1.2000 in all booked 35 bags of send mills parts from Patna City office of Dhillan Transport to be sent to Delhi and Ghaziabad. The complainant's case is that the goods did not reach to the destination. The complainant lodged protest to the Dhillan Transport Agency and also served notices but neither the goods were traced nor the price of the goods were paid by the Transport Agency. The complainant, thus, suffered a loss of Rs.47,570/- besides other cost and claimed mental compensation of Rs.50,000/-.

(3.) The O. P. appeared before the District Forum but no rejoinder was filed. Its main contention was that goods were booked from Patna City Office of the Dhillan Transport as no branch office at Lakhisarai and goods are never booked from Lakhisarai. The papers filed on behalf of the complainant are forged and fabricated except the cash memo granted by Dhillan Transport and the Builty granted by the Transport Agency. It is submitted before the District Forum that the cash memo has been is a printed one and it does not mention that branch office is at Lakhisarai but in a different pen the complainant has written Lakhisarai in the top of the cash memo which is a forged and fabricated document in order to show that goods were booked at Lakhisarai. Similarly, a letter produced on behalf of the complainant is forged and fabricated with a forged seal of Dhillan Transport Agency showing that it has granted at Lakhisarai. This seal has been manufactured which is possible after paying few rupees in the market. The O. P. before the District Forum has placed reliance on the Builty paper issued by Dhillan Transport Agency which shows that goods were booked from Patna City Office of Dhillan Transport for Delhi and Ghaziabad on 2.12.2000 for which a freight charge of Rs.225/- and Rs.2,580/- were charged. The District Forum held that complainant has tried to make forgery in the cash memo granted by Dhillan Transport by inserting the word Lakhisarai in the column of branch office in a different pen on which the District Forum did not rely. The District Forum held that Builty produced on behalf of the complainant is proved beyond doubt that Dhillan Transport has branch office at Patna city and all the goods of the complainant were booked from this office and not from Lakhisarai office. On these grounds, the District Forum held that there is no material in the complaint as well as District Forum, Lakhisarai has no territorial jurisdiction to try this case.