SHIVAM TRAVELS Vs. RAJ KUMAR SHARMA

JUDGEMENT

(1.) This appeal is directed against the order dated 1.5.2006 passed by the District Forum, Karnal whereby while accepting the complaint of the respondent-complainant, following conclusion was drawn :

(2.) The complaint was contested by the opposite parties. In the written statement filed it was averred that they had never refused to send the vehicles to the complainant on scheduled dates and in fact the vehicles had reached at the residence of the complainant on 8.12.2004 but he with mala fide intention refused to take service of their vehicles and the drivers of the vehicles were informed that they had sufficient numbers of vehicles with them of their relations and for that reason service of the vehicles brought by them was not required. Thereafter, the drivers returned with the vehicles. According to them, this action of the complainant, has caused a financial loss as their vehicles remained idle on 8.12.2004 and 9.12.2004. Accordingly, it was prayed that the complaint merited dismissal. On appraisal of the pleadings of the parties and evidence adduced on record the District Forum accepted the complaint and issued the directions in its order noticed earlier. It is against this order, the opposite parties have filed the present appeal.

(3.) Learned Counsel representing the appellants have been heard at length.