M. THANIKACHALAM J. - (1.) The complainant is the appellant.
(2.) The complainant being the manufacturer of HDPE, Monofilament Knitted Fabrics, consigned fabric worth about Rs.26,758/- to the consignee at Sitamarhi, through the 1st opposite party, for which they collected freight charges also. When the complainant came to know that the consignment did not reach the consignee, within the reasonable time, he requested the 1st opposite party for rebooking the consignment, by paying rebooking charges of Rs.25/-, surrendering the original lorry receipt, to the 1st opposite party. The 1st opposite party having agreed, received the charge, neither redelivered the consignment, nor paid the value of the consignment with interest, thereby they have committed not only negligence, but also deficiency in service, though agreed to do service, on payment of freight charge. By the act of the opposite parties, the complainant was put to mental agony, suffering of reputation, for which also the complainant is entitled to compensation. Thus, a claim came to be lodged, before the District Forum, Karur, for the recovery of a sum of Rs.26,758/-, with interest thereon, in addition to Rs.3000/- as compensation.
(3.) The 1st opposite party, in its written version, denying the entire averments in the complaint, would contend, that there was no deficiency in service, on the part of the 1st opposite party, that a claim has been filed, on a false, imaginary grounds, and that the claim is also barred by limitation, thereby praying for the dismissal of the complaint.;