XCYTON DIAGNOSTICS LIMITED Vs. DTDC COURIER & CARGO LIMITED

JUDGEMENT

(1.) THE complainant has filed this complaint for a direction to the opposite party (for short, the "OP") to pay Rs. 1,98,347.52 ps. towards the value of the lost goods with interest and for damages and costs.

(2.) THE facts in this case are as follows:

(3.) THE further case of the complainant is that the O.P. which is engaged in the business of carrier and transporting goods from one place to another is aware of the fact that the goods which are to be delivered to the consignee are perishable and have to be delivered within the time schedule failing which the goods would become unusable and would malfunction. The further case of the complainant is that the O.P. is aware of the fact that the time is the essence of the contract and the O.P. was bound to deliver the said goods within the time frame agreed.