ARUN AGENCIES PVT. LTD, C. F AGENT OF M/S , SHRIRAM PISTION & RINGS LTD, NEW DELHI NO 29. CENOTAPH ROAD FIRST STREET. TEYNAMPET CHEENNAI Vs. JAIPUR GOLDEN TRANSPORT & ANR. R.O. NO. 4736/41. ROSHANA NEW DELHI

JUDGEMENT

(1.) Petitioner/Complainant being aggrieved by impugned order dated 6.2.2007, passed by State Consumer Disputes Redressal Commission, Chennai ( (for short, 'State Commission') has filed present revision petition under Section 21 of the Consumer Protection Act, 1986 (for short, 'State Commission').

(2.) The case of petitioner is, that he is a forwarding agent for M/s. Shriram Pistons and Rings Ltd., New Delhi. On 15.1.1999 their principal at New Delhi had sent Automobile spare parts worth Rs.97,357/- vide consignment note dated 15.1.1999 of Respondent No.1/Opposite Party No.1 from Delhi to Chennai. Petitioner received a debit note and consignee copy for the consignment sent on 15.1.1999 with a letter dated 17.2.2001, seeking details and payment due, by their principal. Petitioner replied on 28.2.2001, that the seal affixed in the consignee copy does not tally with the seal of the petitioner. The petitioner also inquired from Respondent No.2/Opposite Party No.2, seeking consignee copy. Respondent No.2 in their reply dated 12.3.2001, stated that they were not in a position to provide the original consignee GRs, but gave details of delivery particulars vide letter dated 23.3.2001, wherein it was found that the date of delivery for consignment note dated 15.1.1999, did not figure at all. The petitioner informed its principal at New Delhi, that consignment has not been delivered at Chennai.

(3.) Thereafter, petitioner issued a legal notice dated 12.4.2001 to the respondents, which was replied by them on 9.5.2001. Thus, respondents have committed deficiency in service in failing to deliver the consignment dated 5.1.1999. Hence, a consumer complaint was filed before the District Consumer Disputes Redressal Forum, Chennai (North) (for short, 'District Forum') seeking following reliefs;