M/S. V TRANS INDIA LTD. vs SAMIR PATEL

Sh. Samir Patel, the complainant, booked his household items containing 11 boxes, two bags, one bicycle, one pulsar motor bike with the Transporter, M/s. V Trans India Ltd., OP. Those goods were to be delivered at Bhopal, on 26.09.2006, from Gujarat. Those items were found in damaged condition, packing had opened and the items lying inside, i.e., quilts, mattresses, shoes, chappal, etc., were damaged, oil packing had opened and oil sprinkled on the clothes, utensils, computer, laser printer, television, etc., damaging those articles. The complainant suffered loss of Rs.1,00,000/-.

The OP denied all these facts. Both the fora below decided the case in favour of the complainant. Thus, the complainant has concurrent findings in his favour, from both the fora below.

We have heard the counsel for the petitioner/OP who has preferred the present revision petition, as well as the counsel for the respondent/complainant. The respondent submitted written arguments.

Learned counsel for the petitioner vehemently argued that there is no evidence at all to show as to what is the cost of damages allegedly caused to the complainant. He contended that no separate bills were filed before the Commission. He further argued that the complainant was awarded the amount without any basis. He, however, did not deny the fact that the damage was caused. Moreover, the facts already stand proved as there is concurrent findings from both the fora below.

All these arguments are bereft of merit. The petitioner/OP has placed on record, Annexure P-1, i.e., Form 402, wherein the amount is mentioned under the caption "Consigned Value Rs. 95,000/-". This Form was issued by none, but the OP itself. Admission by the OP is the best evidence. The revision petition is lame of strength and, therefore, it is dismissed. No order as to costs.