M.THANIKACHALAM, J. - (1.) The opposite party is the appellant.
(2.) The complainant/ respondent, entrusted hosiery goods of 47 packages, with the opposite party, to be transported from Thirupur to Erode, which was entrusted with them, by their customer M/s.Dixcy Textiles Pvt. Ltd., in order to transport to Cuttack. The opposite parties have delivered only 44 packages, and the remaining 3 packages valued at RS.33,401/-, was not delivered, which should be construed as deficiency in service, since their service was hired, for consideration. Notice was issued, claiming the amount, not responded, thereby once again the opposite party committed negligence, as well as deficiency, compelling the complainant to approach for the recovery of the value of the goods, with compensation of RS.5000/- for deficiency in service.
(3.) The appellant/ opposite party, denying even the entrustment of the goods, opposed the case, questioning the territorial jurisdiction of the District Forum, as well as the jurisdiction of the consumer forum, further contending since they have not committed any deficiency, the case is liable to be dismissed.;