AMBALA KURUKSHETRA GRAMIN BANK Vs. RAM PAL

JUDGEMENT

(1.) -In this revision, challenge is to the order dated 15.3.2005 of Consumer Disputes Redressal Commission Orissa, Cuttack dismising appeal against the order dated 10.6.1997 of a District Forum whereby petitioners/opposite parties were directed to pay Rs. 87,069/- to the respondent/complainant.

(2.) M/s. Kashi Vishwanath Products Madurai booked four bales of cotton yarn on 11.3.1996 and 23.4.1996 with the petitioner-Transport Company for being delivered to the respondent consignee at Sambhalpur. Out of four bales only one was delivered to the respondent and non-short delivery certificate of three bales was issued by petitioner Transport Company. Complaint alleging deficiency in service filed by respondent was contested by the petitioners. Grounds on which complaint was resisted mainly was that respondent is not a consumer; service rendered by petitioner-Transport Company was in the nature of contract of personal service. However, District Forum answered both these issues against the petitioners and allowed complaint in the manner noticed above which order was affirmed by the State Commission while dismissing the appeal of petitioners.

(3.) Mr. Sanjay K. Das whom we have heard on admission, in addition to pressing the said two issues pointed out that order under challenge was passed at the back of petitioners, who had no knowledge of the date of hearing in appeal. According to him, rate of interest as awarded by District Forum is on higher side and none of the Fora below has allowed adustment of Rs. 254/-, freight to be paid by the respondent.