PATEL ROADWAY LTD Vs. CRESCENT AGENCIES

JUDGEMENT

(1.) This is an appeal against the order of the Consumer Disputes Redressal Forum, Madurai dated 5.7.94 in Opposite Party 453/93. The Opposite Parties 1 and 2 are the appellants.

(2.) The 1st complainant entrusted to Opposite Parties 1 and 2 M/s. Patel Roadways at Bodinayakanur 6 bags of Cardomon on 31.12.92 tobe transported and delivered to the third Opposite Party at Delhi. The 1st complainant had insured me consignment with the 2nd complainant insurer. The carrier delivered to the consignee only 5 bags out of 6. There was short delivery of one bag costing Rs.30,000/-. The 1st complainant preferred a claim against the 2nd complainant insurer who settled the claim by payment of the insurance amount of Rs.30,000/- and the 1st complainant executed a Letter of Subrogation and a Special Power of Attorney in favour of the 2nd complainant. Both of them have joined together and filed this claim against the Opposite Parties 1 and 2, Public Carrier for recovery of the sum of Rs.30,000/- being the value of the short delivered bag with interest.

(3.) The Opposite Parties 1 and 2 admitted the short delivery of the bag but disputed the value thereof. The 2nd complainant is not the person who hired the services of the Opposite Parties 1 and 2 and is not a consumer. The claim filed by the 2nd complainant is not maintainable. As the 1st complainant has received the sum of Rs.30,000/- from the 2nd complainant, insurer, it is not entitled to make this claim.