Decided on December 17,2008

Prakash Road Lines Limited Appellant
Gopal Automobiles Respondents


- (1.) AGGRIEVED by the order in CD No.126/2005 dated 28.10.2005 on the file of District Consumer Forum, West Godavari District at Eluru, opposite parties 1 to 3 preferred this appeal.
(2.) THE brief facts as set out in the complaint are the complainant has booked three consignments with the 1st opposite party to be delivered at the office of S.R.M.T., Akiveedu on 7.10.2004,17.11.2004 and 14.12.2004. The value of the goods and the consignment details are as follows: S.No. Date Consignment Note No and Freight Charges. Value of the goods 1. 7.10.2004 2499743, Rs. 1675 Rs.54,828 2. 17.11.2004 2502796, Rs. 1285 Rs.38,772 3. 14.12.2004 2513567, Rs. 2510 Rs.87,785 The complainant submits that at the time of taking delivery of goods at Akiveedu, the freight charges have to be paid as mentioned in the consignment note. As opposite parties 1 to 3 failed to deliver the consignment note to the complainant, the complainant approached opposite party No. 4 and he was informed to pursue the matter with opposite party No. 2 at Vijayawada. He also addressed letter date 13.12.2004 to the 1st opposite party sending details of non -delivery of the consignments. Thereafter he got issued a letter date 31.12.2004 to opposite parties 1 and 2 calling upon them to deliver the consignments. On 15.12.2005 he received a letter from the 2nd opposite party stating that the 2nd and 3rd consignments are lying with the 2nd opposite party and requesting him to sent the consignee copies of 2nd and 3rd consignments.
(3.) THE complainant submits that opposite parties 1 to 3 are supposed to deliver the consignment at Akiveedu and in spite of several requests they did not do so. Hence the complaint seeking direction to the opposite parties to pay the following amounts: (a) Value of the 1st consignment Rs. 59,838 Interest @ 24% p.a. from 7.10.2004 to 11.3.2005 Rs. 5,942 Loss of Profit Rs. 50,000 (b) 2nd consignment value Rs. 38,772 Interest @ 24% p.a. from 17.11.2004 to 11.3.2005 Rs. 2,320 Loss of Profit Rs. 20,000 (c) 3rd consignment value Rs. 87,785 Interest @ 24% p.a. from 14.12.2004 to 11.3.2005 Rs. 4,785 Loss of Profit Rs. 30,000 (d) Damages Rs. 1,00,000 Total Rs. 3,99,442 Opposite party No. 2 tiled counter which was adopted by opposite party No. 1 admitting the booking of three consignments and submitting that they sent 1st consignment to the complainant on 25.10.2004 and that the complainant received the goods, but did not hand over the consignee copy and did not pay the freight charges stating that the consignee copy was not available. Subsequently, on 27.10.2004 their area manager had gone to Akiveedu for collecting the consignee copy and freight charges. As the complainant was not available, a letter was also addressed to the complainant and given in the shop of the complainant. As the complainant did not pay the amount, on 31.1.2005 a letter was addressed to him once again for payment of these amounts. Since the complainant failed to pay the freight charges and hand over the consignee copy, the remaining goods booked under the other two L.Rs. were not delivered.;

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