BOMBAY DELHI GOODS CARRIER Vs. MIRA RUBBER CORPORATION

JUDGEMENT

(1.) This is an appeal filed against order dated 22.12.2000 passed by the District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh (for short hereinafter to be referred as the District Forum-I) in Complaint Case No.979 of 1995, M/s. Mira Rubber Corporation V/s. Bombay Delhi Goods Carrier and Ors. The relevant facts which deserve to be noticed, stated briefly, are as under.

(2.) M/s. Mira Rubber Corporation, 187-A, Industrial Area, Phase-I, Chandigarh booked a consignment of goods worth Rs.13,722/- with opposite party No.1, Bombay Delhi Goods Carrier, 14, Transport Area, Chandigarh for delivery to M/s. Khandelwal Sales Corporation, Bandikui (State of Rajasthan) vide Bill No.0060 dated 17.10.1994. The documents were not discharged from the concerned Bank and as such the bankers returned the original documents/gr to the complainant vide memo dated 15.12.1994. It is alleged that the complainant requested the opposite party to rebook the goods back to Chandigarh or in the alternative to make payment of the value of the consignment. The said request was not attended to by the opposite party. The complainant sent a reminder and also served a legal notice. Consequently, the complaint case was filed under Sec.12 of the Consumer Protection Act, 1986 (for short hereinafter to be referred as the C. P. Act) before the District Forum-I.

(3.) The opposite parties were served with the notice. Opposite party No.1 put in appearance and filed reply contending that the goods were transported to the destination well within time but nobody took the delivery of goods. It was after a lapse of time that agent of the complainant took delivery of the goods on behalf of complainant after paying the transportation charges and giving a receipt of having received the goods.