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Judgment
5 paragraphs · 286 words-GRIEVANCE of the appellant who is a transporter, against the impugned order dated 21. 9. 2007, directing it to pay Rs. 15,506 with interest @ 7% p. a. and pay Rs. 21,000 as compensation and Rs. 1,000 as cost of litigation is that the District Forum has not at all taken into consideration the proof adduced by the appellant that it had delivered consignment to the consignee and also the objection that it had never received any letter dated 9. 7. 2003 sent by the respondent informing him about the non-delivery of the consignment or non receipt of the payment of the due amount.
WE have perused the impugned order and find that District Forum has categorically observed that there is no evidence that the complainant ever instructed the respondent to deliver the consignment without valid documents. District Forum has also observed that respondent had sent original receipt by acknowledging it in writing. At this stage also we called upon the learned Counsel for the appellant to show any document be it photocopy in support of the delivery of the consignment it to the consignee on retirement of the valid documents but the Counsel was not in a position to produce such proof.
Aforesaid facts persuade us to dismiss the appeal being devoid of merit.
APPEAL is dismissed. The order shall be complied with within one month from the date of receipt of this order. Bank Guarantee/fdr, if any, furnished by the appellant be returned forthwith.
A copy of this order as per the 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 dismissed.