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Judgment
THIS appeal is directed against the order dated 22.3.2001 passed in case No. 48/1999 by the District Consumer Disputes Redressal Forum, Ratlam (for short the "District Forum") whereby the complaint for deficiency in service was dismissed holding that the complaint involves complex issues which require an elaborate inquiry about the liability, if any of the carrier, hence relegated the appellant to the Civil Court.
AFTER hearing learned Counsel for the appellant on perusal of the record, in our opinion, the District Forum can very well decide the issue whether the respondents is a carrier, was entrusted with the goods on 27.10.1998 at Ratlam for their transportation to Pune and whether for the non-delivery of the goods, the appellant is liable to be compensated if yes, to what extent. Besides, if now the appellant is relegated to the Civil Court, his suit would be barred by time and he would be remediless. See the decision of the Supreme Court in Amar Jwala Paper Mills v. State Bank of India, II (1999) SLT 478=2000 CTJ 405. In such circumstances, we direct the parties to appear before the District Forum on 15.9.2003 of which no notice shall be issued to the parties as they have been noticed through their Counsels. The District Forum shall decide the complaint within a period of 90 days from the date of notice to the respondent.
In the result, the appeal is allowed. The order of the District Forum is set aside and the case is remitted to the District Forum for deciding the same afresh in accordance with law. In the circumstances, parties to bear their own costs. A copy of this order be conveyed to the parties and a copy be sent to the District Forum along with the record of the case. Appeal allowed.