TRANSPORT CORPORATION OF INDIA LTD. Vs. DINESH AGARWAL
LAWS(NCD)-2020-1-25
NCDRC
Decided on January 06,2020

TRANSPORT CORPORATION OF INDIA LTD. Appellant
VERSUS
DINESH AGARWAL Respondents


Referred Judgements :-

PATEL ROADWAYS LIMITED VS. BIRLA YAMAHA LIMITED [REFERRED TO]


JUDGEMENT

S.M.KANTIKAR, J. - (1.) Brief facts relevant for the disposal of this revision petition are that the Complainant had purchased few machine parts from Sree Sakthi Equipments Company, Coimbatore which were packed in 5 separate packets. The entire consignment was booked on 13.01.2007 for transportation from Mettupalayam to Rourkela through the Transport Corporation of India (TCI) OP. It was alleged that on 22.02.2007 the consignment was arrived at Rourkela and it was noticed that only 4 packets were available and the packet containing main parts of the machine worth Rs. 1,60,000/- was missing. Hence, the complaint was filed before the District Forum, Sundargarh-II, Rourkela.
(2.) The complaint was resisted by the OPs by filing a written version. The complaint is not a consumer, the services were rendered for commercial purpose, therefore the complaint is liable to be dismissed.
(3.) The District Forum, after hearing both the parties, allowed the complaint and vide order dated 22.02.2010, ordered the OPs to pay Rs. 1,60,000/- with 8% interest p.a from the date of missing of the packet i.e 22.02.2007 till realization to the Complainant. Rs. 2,000/- was also granted towards cost of the complaint to the Complainant.;


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