OM PRAKASH MISHRA & ANR Vs. KAMLA PRASAD

JUDGEMENT

(1.) The present Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed by the Opposite Parties in the Complaint, against the order dated 13.03.2018, passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow (for short "the State Commission") in Appeal No.2022 of 2008. By the said order, the State Commission has dismissed the Appeal of the Petitioners against the order of the District Consumer Disputes Redressal Forum, Balrampur ("for short "the District Forum") in Complaint No.41 of 2005.

(2.) The case of the Complainant was that he purchased 120 bags of masoor weighing 120 quintal worth Rs.2, 40, 340/- from Krishi Utpadan Mandi Samiti, Tulsipur. It was to be sent to Jai Udyog Udyogik Area, Balrampur. Services of Mishra Transport Company were hired on 29.04.2004 for the transport of the said goods to Balrampur. Contentions were that the said goods were sent by Mishra Transport Company through Truck No.U.T.C 9435 on 29.04.2004 around 9:45 p.m. The said goods, however, never reached to the destination point. The driver and the cleaner of the said truck disappeared with the goods and an FIR No.165 of 2004 under Section 406 of IPC was registered against them in Police Station Tulsipur. Although the cleaner of the truck was arrested but the goods could not be recovered. Due to this deficiency of service on the part of Mishra Transport Company, the Complainant has alleged that he had not only suffered loss of goods worth Rs.2, 40, 030/- but also underwent mental harassment. Accordingly, the Complainant in his Complaint had prayed for grant of value of the goods along with a sum of Rs.60, 000/- towards physical and mental harassment.

(3.) Notice was issued to the Petitioners. The Petitioners, however, did not appear before the District Forum. Vide order dated 20.09.2006, they were proceeded ex parte.