GREEN ROAD LINES Vs. MAX INDIA LTD

JUDGEMENT

(1.) Appellant was the opposite party before the State Commission, where the respondent/complainant M/s. Max India Ltd. had filed a complaint alleging deficiency in service.

(2.) Undisputed facts of the case are that the respondent/complainant was a manufacturer and supplier of BOPP films and had handed over a number of packages on different dates for its transportation. The valuation of said consignments is Rs. 5,01,315-76 ps. but these consignments remained undelivered as they were destroyed by fire en route. Notice under Carriers' Act was issued by the complainant. Since issue was not getting settled, thus alleging deficiency in service on the part of the appellant, a complaint was filed before the State Commission, who after hearing the parties allowed the complaint and directed the appellant to pay Rs. 5,01,316/- along with interest @ 10% p.a. from the date of loss till the date of payment. Aggrieved by this order, this appeal has been filed before us.

(3.) In memo of appeal two grounds have been taken - firstly, there has been no negligence on the part of the appellant and secondly, since the amount has already been paid by the Insurance Company to the respondent, no cause of action survives.