M.THANIKACHALAM, J. - (1.) The second opposite party, who suffered an award, wherein, a direction has been issued against not only him, but also against another opposite party, to pay a sum of Rs.2,39,165/- with interest thereon along with costs of Rs.5,000/-, is the appellant.
(2.) The first respondent/complainant, who had taken lease of pepper garden, collected pepper weighing 1650 Kgs. worth about Rs.1,93,050/- on various dates and the said pepper were packed in 22 bags each weighing 25 kgs., which was transported through the first opposite party, to be delivered by the second opposite party at Coimbatore on the basis of self-consignment on 17.08.2006, agreeing to pay the charge on taking delivery. Accordingly delivery receipts/way bills were issued. On 18.08.2006, the complainant had been to the second opposite party?s office at Coimbatore, requested to deliver the consignment, offering to pay the amount and at that time, the second opposite party represented that using the name of the complainant, someone had taken delivery, further assuring and promising to get back and deliver the pepper bags. Despite days gone, reminders, the opposite parties failed, resulting a Police complaint also, followed by registration of a case under Section 420 of Indian Penal Code. The Police were unable to trace out the culprit and the opposite parties also failed to get back the pepper bags misdelivered, thereby making the complainant, to incur expenses to the extent of Rs.18,790/-, further causing mental agony including transport charges. Thus, in all, including the value of the pepper, the opposite parties are liable to pay a sum of Rs.5,06,875/-. Thus, a consumer complaint came to be filed before the District Forum, Dindigul.
(3.) The opposite parties, admitting entrustment of the consignment of 22 bags of pepper, resisted the case inter alia contending, that on reaching the goods at Coimbatore, the complainant came with two Mini Tempo to the second opposite party and took delivery of the goods also, with the help of the Loadmen, promising to sign the delivery receipt at later point of time, that thereafter complainant failed to come and sign in the receipts, that on complaint to the Police, investigation revealed that the complainant alone had taken delivery of the goods and therefore no further proceedings was initiated by the police against the opposite parties, that as such, the opposite parties have not committed any negligence, causing damage to the complainant, and prayed for the dismissal of the case.;