M.S.SOUTH EASTERN ROADWAYS vs M.S.AJEET RAJ And CO

(DICTATED in Open court) The appeal arises out of the order of the District Consumer Disputes Redressal Forum, Salem dated 5.8.93 in O.P. 89.91. The opposite parties are the appellants.

THE complainants who are sister concerns transported two consignments one containing 86 bags of sago and another containing 25 bags of starch to the consignee M/s. Sankla Traders, Ajmeer through the opposite party carriers. THE goods were delivered to the carriers on 9.9.91. THEy were delivered to the consignee at Ajmeer on 24.9.91. It is the case of the complainant that because of the delay in delivery, the price of this consignment had fallen and they sustained loss to the tune of Rs. 6,000/-. The Opposite Party carriers contended that due to break down of one of the lorry there was delay. They denied any loss on the part of this Complainant. The District Forum held that the Complainant is entitled to their claim and awarded compensation in the sum of Rs. 6,000/- with interest at 12% p.a. from 24.9.91 as claimed, in the complaint. It is this order that is challenged in the appeal.

The consignments have been booked on 9.9.91 and delivered on 24.9.91 excluding the day of dispatch and day of receipt. The time taken for transport is only 14 days. According to the learned Counsel for the appellants the normal time taken for transport from Salem to Ajmeer is 2 weeks and hence there has been no delay. The Counsel for the Respondent/Complainant would contend that the normal time is only 10 days. There is no evidence on either side to substantiate their respective contentions. It is the burden of this Complainant to establish that the normal time is only 10 days and the delay is 4 days. The Complainant has failed to establish this. This aspect of the matter has not been considered by the District Forum. We are, therefore, unable to hold that there was any delay in the transport of these two consignments.

THE next question is about the compensation. THE Complainant can claim compensation only if he has suffered any damage. If is a well settled principle of law that unless and until the Complainants establish that they have suffered loss they are not entitled to claim any damages. It is stated in the complaint, the price has fallen by Rs. 55/- per bag. But it is not stated what was the price on the 10th day after dispatch and what was the price on 24.9.91. When they were actually delivered to the consignee. THE learned Counsel for the Complainants .respondents is also not able to given any figures on mis matter. THE District Forum has not at all gone into this question of damages. It has simply Okayed the Complainants'' claim for Rs. 6,000/- without any consideration whatsoever. THE order of the District Forum on the quantum of compensation is also untenable. In the result, the appeal is allowed, the order of the District Forum is set aside and the complaint is dismissed but without costs throughout. Note : The appellants have deposited Rs. 3,000.- with the District Forum as per the order of this Commission in CMP. 289.93. The said amount shall be refunded to them. Appeal allowed