BIRLA YAMAHA LTD Vs. PATEL ROADWAYS LTD

JUDGEMENT

(1.) THIS Original Petition by M/s. Birla Yahama Ltd. against M/s. Patel Roadways Ltd., a common carrier of goods, seeks the relief of Rs. 56,00,799/ - alongwith interest for the loss of goods entrusted to the opposite parties.

(2.) THE facts as stated in the complaint lie in a narrow compass and may be noticed. 237 consignments containing 257 numbers generator sets were entrusted to the opposite party by the complainant at U.P. Border (Ghaziabad) for carriage and delivery to different consignees at varied destination stations. It is pleaded that the complainants are consumers who have hired the services for consideration of the opposite parties and they received the charge for carrying the said consignments to destination stations in original condition. The opposite parties issued Lorry Receipts Nos. 211847 to 211907 and 830728 to 830800 dated 16/22.3.93 containing the particulars to the consignment, destination, consignee, freight etc. According to the complainant, 237 consignments when tendered for carriage at U.P. Border were perfectly in sound condition in token of which clean the lorry receipts were granted by opposite party No. 2 in favour of the complainant. The opposite parties neglected and failed to deliver the consignments at the destination stations. The opposite parties after verification issued non -delivery certificates confirming that the said consignments have not been delivered at the destination stations and have been lost in fire on 23.3.93. It was pleaded that the opposite parties have been grossly deficient in the performance of their service in terms of their contract of carriage of goods and delivery at the destination stations and are liable to compensate the complainant for the loss suffered by them. It is pleaded that on 15.9.93 the complainant issued notice to the opposite parties requesting them to pay a sum of Rs. 56,00,799/ - within 10 days from the receipt of the notice. The complainant sent alongwith the notice a statement of consignment containing generator sets together with the amount of the bills and the name of the consignee. The complainant claimed :

(3.) THE complainant had filed the affidavit of Shri D.C. Babel, Vice -President (Commercial) of M/s. Birla Yamaha and later filed copies of the lorry receipt Nos. 211847 to 211907 and 830728 to 830800. The original goods receipt were given to the opposite parties and these documents are not denied by the opposite parties. These are evidencing of receipt of goods by the opposite parties for carriage, the quantity of generator sets and the value of the consignments as determined by the opposite parties. Another set of documents is the open delivery certificates copies/non -deliverys certificates regarding the aforesaid goods receipt evidencing receipt of freight charges by the opposite parties and acknowledgements of non -delivery of goods to the complainant.