SRINATH TRAVEL AGENCY Vs. VED PRAKASH MEHTA
LAWS(DELCDRC)-2006-10-7
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 05,2006

Srinath Travel Agency Appellant
VERSUS
VED PRAKASH MEHTA Respondents

JUDGEMENT

- (1.) RESPONDENT booked a parcel of wedding Saris with the appellant for delivery to Naresh Chand Amba Lal of Malda Street. Udaipur, against service charges of Rs. 60 only. On failure of the appellant to deliver the Saris to the consignee the District Forum vide its order dated 20.5.1999 directed the appellant to pay the cost of the Saris amounting to Rs. 38,615 and that too with interest @ 15% w.e.f. 6.10.1994 till the payment is made and also to pay Rs. 1,000 as cost of litigation.
(2.) FEELING aggrieved the appellant has preferred this appeal.
(3.) THOUGH the appellant took the plea before the District Forum that the parcel containing the Saris was delivered but late yet the District Forum repelled this contention in view of letters dated 22.10.1993 and 25.2.1994 (Exbs. C -3 and C -4) sent by the consignee to the respondent that the goods have not been received by them. Appellant also took the plea that as per terms of the contract between the parties the maximum liability of the appellant was to the extent of Rs. 2,000 only. It is a settled law that the parties are bound by the terms of the contract and if there is any breach of the term of the contract by the service provider, service provider is liable to pay an amount as compensation as to the loss or injury suffered by the consumer in terms of the contract.;


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