N.KANNADASAN, J. - (1.) The appellants are the opposite parties and the respondent is the complainant before the District Forum.
(2.) The complaint is filed under the following circumstances: The complainant has booked cloth bales through the opposite parties from Madurai to Kerala state with instruction that amount should be collected from the consignee. When the opposite parties were about to deliver the goods, the consignee have not paid the amount as instructed by the complainant and accordingly the complainant has instructed the opposite party to send back the goods. However, the opposite parties without following the said instructions, delivered the said goods, and hence the complainant had suffered a loss due to non collection of the amount for the said goods from the consignee. Under the said circumstances, the complainant has approached the District Forum.
(3.) The opposite parties have resisted the complainant by contending that there is violation of Sec.10 of the Carriers Act and there is an enormous delay. The complainant has failed to prove the value of the goods.;