MANAGER, DESK TO DESK CARGO AND COURIER SERVICE vs ASHISH SUHAS ROY

WE are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available before us and on hearing the learned Advocates for the parties. Respondents are present through their Advocate in response to our notice before admission issued. For brevity''s sake, appellants herein after are referred to as "O.P." and respondent as "complainant".

O.Ps. are the appellants in the appeal herein who have taken exception to the order dated 26.11.2002, whereby the District Forum has held the O.Ps. being deficient vis-a-vis transporting the computer apparatus entrusted for transportation. It is noticed, complainant specifically instructed the O.Ps. to arrange to transport the consignment by air and for that purpose, they had already paid the sum of Rs. 1,700/- for meeting the air freight charges. Complainant has also specifically given the institutions that O.Ps. shall ensure that the articles in question are transmitted properly packed so as to avoid possible damage in the transit. However, instead of arranging the transportation of the article by air, the O.Ps. sent it by road. Result was that the articles got damaged in transit. Claim in the complaint herein is sequel to the breach of contract on the part of O.Ps.

We notice that the District Forum has considered all the aspects which were highlighted by and on behalf of both the parties and since the complainant''s case was satisfactorily proved and the evidence was made available in support of claim that it has proceeded to pass the award in favour of the complainant.

BY and large, we notice that award is reasonable needing no interference. Appeal stand dismissed. No order as to costs. Copies of the order herein to be furnished to the parties. Amount deposited by the appellants in District Forum as per our interim order shall be paid over to the complainant towards the part satisfaction of the award herein after a period of appeal is over. Appeal dismissed.