ASSOCIATED ROAD CARRIERS LTD. Vs. KAMLENDER KASHYAP

JUDGEMENT

(1.) The challenge in the present appeals is to an order passed by the National Consumer Disputes Redressal Commission (in short, "NCDRC") dtd. 10/1/2008, whereby an order of the Himachal Pradesh Consumer Disputes Redressal Commission directing the appellant to pay a sum of Rs.4,29,445.00 along with interest at the rate of 8% and costs of Rs.5000.00 was not interfered with.

(2.) The sole argument raised by the learned counsel for the appellant is that in terms of Sec. 10 of Carriers Act, 1865, no prior notice was served upon the common carrier, therefore, the complaint before the Consumer For a was not maintainable. Sec. 10 of the Carriers Act is reproduced hereunder :-

(3.) Learned Counsel for the appellant relied upon a Judgment of this Court in Arvind Mills Ltd. Vs. Associated Roadways, reported in (2004) 11 SCC 545, wherein this Court has held as under :-