M. THANIKACHALAM J. - (1.) The second and third opposite parties are the appellants.
(2.) The first respondent / complainant had engaged the transport service of the opposite party, to transport his house hold articles from Chennai to Coimbatore, by paying a sum of Rs.848/- as charges, who agreed to deliver the consignment within two days, containing 9 boxes. After a lapse of 5 days, third opposite party had delivered only 7 bags, and after several requests, he has delivered one more package, failing to deliver the another package, containing valuable house hold articles, worth about Rs.7,500/-. Despite several notice, requests, as agreed under the weigh bill, one of the boxes/package was not delivered, thereby the opposite parties have committed negligent act as well as deficiency in service, for which, they should be directed to pay a sum of Rs.20,000/- as compensation.
(3.) The opposite parties, admitting the entrustment of 9 boxes of articles/packages for transporting them from Chennai to Coimbatore as well agreeing the collection of the transport charges, resisted the complaint, contending that the goods were carried at the risk of the consignor, that despite their best effort, they were unable to trace out one small gunny bag, which will not contain so much articles, worth about Rs.7,500/- as contended by the complainant, that when the opposite parties officials meet the wife of the complainant, to compensate for the missing articles, they refused to accept and that the claim is on the higher side, thereby praying for the dismissal of the complaint since they have not committed any deficiency in service.;