DORAISAMY Vs. ARUNACHALAM

JUDGEMENT

(1.) The 2nd Opposite Party in O. P. No.680/1994 on the file of the District Consumer Disputes Redressal Forum, Coimbatore, is the appellant herein. The necessary facts for the disposal of the appeal are as follows : The complainant sent a consignment of cloth through the lorry owned by the 2nd Opposite Party and driven by the 1st Opposite Party. The entire consignment was not delivered at the destination. There was shortage of goods worth Rs.76,335. The complaint came to be filed for the said amount and compensation.

(2.) The 1st Opposite Party driver remained absent and was set ex parte.

(3.) The 2nd Opposite Party appellant contended that here was a theft at 2.30 a. m. on 9.10.1993 when the lorry was parked for checking; that there was no deficiency in service on the part of the 2nd Opposite Party in not delivering the consignment; and that the Insurance Company was a necessary party as also the consignor.