BHAWARLAL SURANA Vs. KERALA ROADWAYS LTD

JUDGEMENT

(1.) The unsuccessful complainant is the Appellant. The complainant entrusted to the opposite party carrier on 8.2.93 a consignment of two packages of the value of Rs.24,700/- at Chennai to be delivered at Bombay, and paid freight charges. The opposite party took the lorry with the consignment of Calicut. On the way,at Walayar Sales Tax Check Post in Kerala the lorry was detained on 14.2.93. According to the complainant, he was not informed that the consignment would be taken to Bombay through Calicut. Several letters written by the complainant to the opposite party to get the consignment released yielded no result. He had to go to Kerala several times to get the consignments released and ultimately on payment of Rs.2,964/- the consignment was delivered to him after six months. All these complications arose due to the negligence and deficiency in service on the part of the opposite party and hence he suffered mental agony and harassment. On these allegations the complaint has been filed.

(2.) The opposite party contended that it was the usual practice for them that whenever consignments were to be taken to the Northern States the consignments would be first taken to the opposite party's warehouse at Calicut and only from there the consignments were transported to the respective places in North India. This, they were doing for the past 25 years. The Sales Tax Authorities suspected evasion of tax by the consignor and therefore they detained the consignment. The opposite parties are not responsible for the action of the Sales Tax officers. Therefore, they are not liable for payment of any amount to the complainant.

(3.) The District Forum, on consideration of evidence, came to the conclusion that there is no deficiency in service on the part of the opposite party and therefore they cannot be held responsible for the detention of the consignment by the Sales Tax Authorities at the check post and therefore they cannot be made to pay any amount to the complainant. On its finding, the complaint was dismissed.