M.THANIKACHALAM, J. - (1.) The 1st opposite party, unable to agree with the decision of the District Forum, in OP.No.49/2001, dt.14.6.2007, has questioned the same in this appeal.
(2.) The complainant/ 1st respondent, sought the help of the consumer forum, to recover a sum of Rs.61,597/-, alongwith central sales tax of Rs.6160/-, as well for the recovery of a sum of RS.25000/-, as compensation for mental agony, alleging that they have booked a consignment of vessels, through southern railway, on 28.4.2004, to be delivered at Keva, that the waybill, invoice and hundi were handed over by them, to the 1st respondent, for collection, for which they have collected a sum of RS.779/-, as service charges, that after its return, once again they have represented the same to the 1st respondent, who promised to send the same to the 2nd respondent, for collection, but failed to send the waybill to the 2nd respondent, for collection, thereby, both of them have committed deficiency in service, causing monetary loss, mental agony, for which they are entitled to recover the above said amount.
(3.) The 1st opposite party, appellant admitting the entrustment of the way bill, and other connected documents for collection, which was returned on the ground of insufficient address, further admitting the 2nd entrustment also on 1.6.00, resisted the complaint, contending that they have sent the documents, relating to the consignment for collection to the 2nd opposite party, through post, which was delivered on 7.6.00, that as agreed since they have sent the bills, there is no deficiency on their part, and if the amounts were not collected by the 2nd opposite party, they cannot be held responsible, that the case is bad for non-joinder of Agarwal Tent House, as well as the postal department, thereby praying for the dismissal of the complaint.;