POOSARLA KRISHNA Vs. KRANTHI ROAD TRANSPORT P LTD

JUDGEMENT

(1.) This appeal is arising out of the order passed in CC 268/2007 by the District Forum I, Visakhapatnam in dismissing he complaint for default of the complainant on the date of hearing. The order is assailed as erroneous on the ground that the complainant was not given any opportunity and that it is opposed to the principles of natural justice.

(2.) The appellant/complainant filed claim for Rs. 34,000/- and damages of Rs.25,000/- against the respondent/opposite party alleging that he had deposited Rs.30,000/-as an agent and that the complainant is entitled for commission as per the agreement and that the opposite party had not returned the said deposit, as such, the act or omission amounts to deficiency in service.

(3.) The respondent/opposite party filed its version stating that the complainant as its agent had allowed to book explosive goods for transportation and during the transit, Kasibugga Police, Srikakulam District came to know of illegal activity, has seized the vehicle and filed criminal case against the transporter, as a result of which, the opposite party had suffered monetary loss and mental agony. The other consignments of the third parties could not be delivered in time and hence the opposite party was compelled to pay compensation to them. So the appellant/complainant is liable to reimburse the loss suffered. A sum of Rs.30,000/- was deducted from out of Rs.73,000/- since he failed to reimburse the loss. The complaint is not maintainable and this Forum has no territorial jurisdiction.