BIKANER ASSAM ROADLINES (I) LTD. vs SHABBIR HANDLOOM INDUSTRIES

APPELLANT is a transporter, it has been directed vide impugned order dated 12.8.1998 passed by District Forum to return the goods booked by the respondent for transporting from Guwahati to Meerut whereas the godown of the appellant is in Delhi. These goods were admittedly not returned on account of non-payment of demurrage charges by the respondent. Feeling aggrieved the appellant has assailed the impugned order through appeal.

ADMITTEDLY the respondent purchased cloth for Rs. 37,690/- from M/s. Nivedan, Shop No. 12, Fancy Bazar Guwahati, Assam on 29.5.1993 and booked five bales of cloth for Meerut through the appellant career company. However, after long waiting the consignment did not reach Meerut. When he contacted the appellant has was asked to deposit freight of Rs. 500/- which he did. It was alleged by the respondent that on the way four bundles of cloths and 18 Chunnis were lost though delivery of the remaining goods was taken by the respondent. According to the appellant Rs. 500/- were paid towards freight and not towards demurrage charges and even inspite of service of notice claiming the demurrage charges the respondent did not pay the same. Admittedly the goods was not sent by the appellant to Meerut. According to the appellant the respondent was required to take delivery at Delhi after paying demurrage charges. Be that as it may the fact remains that the part of the goods were lost whereas the delivery was made at Delhi instead of Meerut. There is no proof as to the value of the goods lost nor has the appellant made calculation as to the amount of demurrage charges. Since it is a case of deficiency in service we deem that compensation of Rs. 15,000/- on account of loss of the goods as well as for not making delivery at Meerut would meet the ends of justice. This amount shall be paid within 15 days.

The appeal is disposed of in aforesaid terms. The FDR, if any deposited by the appellant be returned forthwith after completing necessary formalities.

A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to record room. Appeal disposed of.