- (1.) The claim of the plaintiff was on account of value of short delivery of materials in terms of a consignment agreement. The defendant denied liability and made a counter claim.
(2.) The parties negotiated and entered into a contract whereby the plaintiff appointed the defendant as a consignment agent with regard to the iron and steel materials of the plaintiff. By and under the said contract, materials would be dispatched by the plaintiff from Jamshedpur to New Gauhati Railway station. The defendant would post their men at New Bongaigaon Railway station to look after and tranship the materials from Broad gauge to Meter gauge and would ensure safe delivery at the ultimate destination. In the event the defendant received short delivery, the defendant would lodge claims with the Railway authorities. Any shortage in respect of which the defendant did not lodge claim with the Railway authorities was on account of the defendant.
(3.) According to the plaintiff, there were short deliveries. The defendant did not lodge complaints or claims with the Railway authorities. The defendant, therefore, became liable to make good the value of the short delivery.;