- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 3.4.2000 in Complaint No. 329/1999 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short) dismissing the appellant s complaint.
(2.) THE complainant/appellant herein alleged that he had despatched the consignment of medicines worth Rs. 62,227.06 paise through the respondent/transporter. According to the complainant,the consignment was to be delivered on the builty of the said amount having been retreaded, through Punjab National Bank. It appears that though the M.B. Agency, to whom the consignment was to be delivered did not retread the builty; yet, the transporter delivered the consignment sent by the complainant. The complainant/appellant averred that the respondent transporter committed deficiency in service by delivering consignment of medicines to said M.B. Agency, Bilaspur. It is not in dispute, that subsequently the appellant received Rs. 29,500/ - towards the value of the said consignment, from the said M.B. Agency to whom consignment was delivered. The complainant accordingly claimed balance amount of Rs. 32,727.06 paise, from the respondent/transporter.
(3.) IT appears that the respondent did not file any written version but an affidavit on behalf of the respondent Sudhir Road Transport, was filed. In the said affidavit, it was mainly stated on behalf of the respondent/transporter that the District Forum had no jurisdiction to decide the complaint and only the Civil Court was competent to decide the dispute raised by the complainant/appellant. Learned Counsel for the parties were heard and record perused.;