LAWS(NCD)-1996-7-17

KOVVURU REGULAR PARCEL SERVICE Vs. T MUNIKUMAR

Decided On July 15, 1996
KOVVURU REGULAR PARCEL SERVICE Appellant
V/S
T MUNIKUMAR Respondents

JUDGEMENT

(1.) The case of the complainant in C. D. C.206/95, District Forum, Chittoor, i. e. first respondent in this appeal is that he booked 150 kgs. Shikakai at Palamaner to be delivered at Tirupathi to the transport service of the opposite parties. Alleging that the goods were not delivered at Tirupathi, complainant wrote a registered letter to the first opposite party calling upon him to enquiry into the matter and to see that goods are delivered to the complainant otherwise the opposite party has to pay the cost of the goods and also demanded Rs.516/- towards expenses and mental agony.

(2.) Inspite of service of notice the opposite party did not contest the matter. Relying on Exs. A1, A 2 and A 3 which is legal notice, the District Forum Held that the opposite party is liable to pay to the complainant jointly and severally Rs.516/- towards expenses and mental agony and Rs.250/- towards costs of the complaint.

(3.) Aggrieved by the same this appeal is preferred. In this appeal it is submitted that 2 bags consignment was delivered on 3.4.95 to the complainant. But there is no evidence adduced to show that such delivery was affected and there is also no receipt signed by the complainant showing that he received the consignment. We are, therefore, not inclined to accept the contention of the learned Counsel for the appellant. In the result, appeal is dismissed. No costs.