Decided on September 10,2009

Bushehar Fruit Growers Association Appellant
Om Parkash Chauhan S/O Late Jai Ram Chauhan And Ors Respondents


- (1.) ADMITTED facts giving rise to this appeal are, that respondent No.1 had booked 275 apple boxes through the appellant for being transported from Kufri to Chandigarh. It had charged rupee 1 per box as fee, appellant has branch at Khara Pathhar, Tehsil Rohru, District Shimla. It has been constituted for the benefit of growers to provide them transport facilities for the carriage of their apple produce to different markets throughout the country on control freight after having insured the same. It was for this purpose that fee of rupee 1 per box is charged by the appellant.
(2.) IT is further admitted between the parties, that appellant had provided truck bearing Registration No. HP -16 -1779. Its owner was respondent No.2 and the driver was respondent No.3. On payment of Rs. 275/ - as aforesaid receipt No. 00592 dated 20.9.2005 was issued by the appellant. In addition to this Rs. 7344/ - was paid by respondent No.1 as freight for transportation. Goods Receipt dated 20.9.2005 was issued by the appellant.
(3.) IN the light of the aforesaid admitted facts according to respondent No.1 when the goods did not reach at Chandigarh, he contacted the appellant, but without any consequence. In this background his brother who is an advocate lodged complaint at Police Station, Jubbal on 24.9.2005. In spite of police report, as well as appellant having been asked to look into the matter nothing concrete came out of it, this caused financial loss to respondent No.1. Legal notice was issued before filing of the complaint by him to the appellant. It was duly replied to by the appellant. While contesting the claim of the appellant, its stand was that while the goods in question were in the vehicle, it had a break down at Patti Dhank. Respondent No.1 on 20.9.2005 itself from the spot of break down without the consent of the appellant shifted the apple boxes to another vehicle which proceeded from the said spot, therefore, appellant was not liable. This resulted in filing of the complaint on account of deficiency in service on the part of the appellant, as well as the truck owner and his driver. District Forum below after hearing the parties has directed the appellant to pay Rs. 81,600/ - with interest @ 9% per annum from the date of complaint, i.e. 29.5.2006 till making of full payment. In addition to this, damages in the sum of Rs. 5,000/ -, besides litigation costs of Rs. 2,000/ - has also been allowed. Appellant as well as respondent No.2 -owner of the truck, both have been held jointly and severally liable for payment of this amount to the appellant. Both of them have directed to comply with this order within 45 days after the date of receipt of copy of the impugned order.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.