GIRJA NAND & ORS Vs. H P STATE CO-OPERATIVE MARKETING AND CONSUMERS FEDERATION LTD , (HIMFED) & ORS

JUDGEMENT

(1.) APPELLANTS are aggrieved with the order dated 8.11.2002 in Complaint No. 149/1997 passed by District Forum, Shimla. By means of impugned order their complaint, under Section 12 of the Consumer Protection Act has been dismissed.

(2.) FACTS are by and large admitted as such only brief reference is being made in this behalf. All the three appellants delivered 145, 250 and 21 boxes of apples respectively to respondent No. 2 for transportation. GR Nos. 76352, 76353 and 76351 respectively were issued by the said respondent in favour of the appellants. These boxes were meant for S.F.C. and O.P.N. Fruit Commission Agents at Delhi from Village Gujandhi, Sub -Tehsil Tikkar, District Shimla. As the consignment did not reach the destination, inquiries were made by the appellants from respondent Nos. 1 and 2. In this background they claimed Rs. 450 per box and because there was deficiency of service in the transport of goods i.e., apple box, therefore, complaint was filed.

(3.) ANOTHER facts that needs to be noted here is that according to the appellants respondent No. 2 was the agent of respondent No. 1. Whereas respondent No. 3 was the owner of the vehicle wherein the boxes were to be transported as aforesaid. Respondent No. 1 specifically disputed and pleaded that respondent No. 2 was not its agent.