VIJAY KUMAR GUPTA Vs. MD JAWED

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/OP against the order/judgment dated 20.2.2009 passed by the District Consumer Forum, Chatra in his case No. CC 17 of 2007 whereby the appellant were directed to pay Rs.37,200 for loss and interest 12%, compensation Rs. 2,000 and litigation costs Rs. 2,500 to the complainant. Being aggrieved by the impugned order the appellant has filed this appeal before us.

(2.) THE facts leading to this appeal are in short that the complainant/respondent has loaded 120 boxes of eggs on the bus of the appellant. Eggs were damaged in accident. The damage was claimed, but denied. Then the respondent filed complaint case before the Dist. Forum and hence the impugned order

(3.) THE case of the appellant is that there is no deficiency on his part and the complainant is not entitled for the relief awarded. The appellant denied that he loaded the goods and he cannot do so because it was passenger carrier. He challenged the jurisdiction of the Forum as well. He added that the cash memo at Annexure 17 is false and fabricated. Even if it be taken as true it expressly bears "not risk of luggage."