RAM SINGH Vs. INDERJEET AHUJA

JUDGEMENT

(1.) THE appellant was allotted a site by MCD for the purpose of parking of vehicle on licence basis. The respondent parked his Maruti van on 28.7.1997 at about 11.00 a.m. after payment of Rs. 10 and obtained a receipt No. 3596. However, when he went to collect the van in question in the evening, he was shocked to find that his vehicle was missing.

(2.) ON account of deficiency in service, the appellant vide impugned order dated 12.10.1999 has been directed to pay Rs. 1,00,000 though the respondent has claimed the value of the car at Rs. 1,87,000 alongwith 12% p.a. interest from the date of parking till realization and Rs. 1,000 as cost of litigation.

(3.) HOWEVER , perusal of the FIR lodged by the respondent with the Police at the first instance immediately after he found the vehicle was missing shows that the vehicle was parked at Mori Gate parking. The version of the respondent to the effect that when he enquired from the employee of the appellant about the van, he told him that the van has been taken by his employee and he would be coming soon. After waiting for sufficient time, the person did not come nor did the van. He immediately lodged a report with the Kashmere Gate Police Station.