AGENT S R M T LTD Vs. M P MALLIKARJUNA GOUD

JUDGEMENT

(1.) This is an appeal preferred by the opposite parties in O. P. No.270/1994 questioning the order of the Anantapur District Forum dated 7.4.1998. The complainant before the District Forum is the respondent before us. The respondent was served with notice on 3.8.1998. He is not present and there is no appearance on his behalf. He is called absent. The record of the District Forum is before us and we have perused the same.

(2.) We find that the District Forum, without discussion and without any consideration of the material on record, accepted whatever the complainant stated in an abrupt manner as follows: "we are agreeing with the contention of the petitioner, that the petitioner shall be entitled for compensation as damage caused to Almirah and damage caused to the Fridge and to the compressor the same was opened and noticed athome. Therefore, we can't appreciate the contention of the respondent that the damage which is not noted at the time of the delivery of the Fridge, and the petitioner is not entitled for compensation. In this view of the matter, there is deficiency in service by the respondents that the goods consigned by the petitioner to be transported to the destination were subjected to damage and therefore, the respondents are liable to make good-loss. Hence, the petitioner shall be entitled to a sum of Rs.2,775/- being the damage caused to the Fridge as well as Rs.575/- being the damage caused to the Almirah, and Rs.100/- towards costs of this petition. Accordingly the petition is allowed. "

(3.) We will first notice what the complainant stated in his complaint. According to him he got his Iron Almirah and Alwyn Fridge transported from Alur to Anantapur by the appellants' parcel service on 2.5.1994 and both the items "were delivered to him in damaged condition". He expressly stated in his complaint that "the fact as to the damaged condition of the articles is also certified by R-l (copy enclosed)". He also stated in his complaint that though both the items were packed neatly at the time of booking they were delivered in damaged condition mainly due to negligence of the appellants and that the repair for the Almirah cost him Rs.575/- and he spent Rs.2,775/- for repair of the Alwyn Fridge. As the appellants did not respond by compensating him for the cost of repairs he approached the Anantapur District Forum on 6.12.1994 claiming the amounts spent by him for repairs and also a further sum of Rs.10,000/- for causing him mental agony and Rs.100/- towards costs. In the counter filed before the District Forum on behalf of the appellants it was stated that as per their records the articles were booked on 21.5.1994 and not on 2.5.1994 and that they were delivered to the complainant on 23.5.1994. It was also stated that at the time of the delivery of the articles it was found "that there were some scratches on the body of the Almirah and the stand leg was little damaged" and that "no other damage was found or pointed out at the time of delivery" and that "the complainant took a damage witness certificate" from them "on 23.5.1994, in which (it was) clearly mentioned that only one article was little bit damaged" and that no mention was made of any damage to the Fridge. It was further contended in the counter that the claim for the Fridge was an after-thought. The expenses incurred by the complainant for the repairs were also disputed and it was contended that the claim was excessive.