NEW SUBHASH TRANSPORT CO Vs. FIRM BANKELAL MOHANLAL

JUDGEMENT

(1.) This appeal by the opposite party-M/s. New Subhash Transport Company is directed against the order dated 9.7.2001 passed by District Consumer Disputes Redressal Forum, Sagar in Case No.234/2000 directing the appellant to pay to the respondent-complainant a sum of Rs.1,47,112.21 with interest and cost.

(2.) It is no more in dispute that 164 bags of sugar purchased by the respondent from the M. P. State Civil Supplies Corporation Limited, Sagar Branch, were entrusted to the appellant of transportation from Sagar to Baraeli. It is also not disputed that the consignment did not reach to its destination nor delivered to the complainant-consignee. He, therefore, approached the Forum below complaining deficiency in service on the part of the appellant-Transporter and claiming compensation.

(3.) The complaint was resisted by the appellant mainly on the ground that the appellant merely acted as a Commission Agent for arranging a truck for the transportation of goods. The truck in which the goods were loaded did not belong to the appellant and that the driver of the truck using fake number plate eloped with the truck and goods in transit. It was further averred that the goods were booked at the risk of the owner who also did not get them insured and as such no responsibility can be fastened on the appellant for lose of goods during transit.