LAWS(NCD)-2005-9-100

LAXMI PUBLICATIONS PVT LTD Vs. DALJIT FREIGHT CARRIERS

Decided On September 23, 2005
Laxmi Publications Pvt Ltd Appellant
V/S
Daljit Freight Carriers Respondents

JUDGEMENT

(1.) APPELLANT booked 20 bundles of printed books worth Rs. 72,207 with the respondent for transportation from Delhi to Dhanbad on 10.3.1999. Since the delivery was made to unauthorised person, a complaint was filed by the appellant before the District Forum on 11.6.2001. In view of the provision of Section 24A of the Consumer Protection Act whereby a consumer is required to file a complaint within two years from the date of which the cause of action had arisen, the complaint was dismissed vide impugned order dated 21.11.2002, passed by the District Forum. Feeling aggrieved appellant has preferred this appeal.

(2.) WE have perused the impugned order and the documents placed on the record by the parties. We find that the documents from the Bank were received by the appellant in August, 1999 containing the GR and bill of the books informing that these documents are not being retired by the party of Dhanbad to whom the delivery was to be made.

(3.) IN the result the appeal is allowed; the impugned order is set aside and matter is sent back to the District Forum with direction to decide the complaint afresh on merits.