SAVANI TRANSPORT LTD. And OTHERS-s/O.Ps. vs NIRUP SYNCROME LTD.

THE opposite parties in C.D. No. 303/92 before the District Forum, Warangal are the appellants.

THE respondent herein filed complaint in C.D. No. 303/92 seeking a direction to the opposite parties to deliver three (3) bags of Mata Amino Acetanilide (hereinafter called M.A.A.) or its value and damages. It is alleged in the complaint that the complainant is a manufacturer of dyesiri his factory at Waddepalli. For its business, (37) bags of M.A.A. were purchased at Gujarat for Rs. 2,46,980.00 and booked with the second opposite party on 24.12.1991 for a consideration of freight charges of Rs. 1,372.00. But the first opposite party, which is a branch of third opposite party at Warangal, delivered only (34) bags. On being asked about short delivery, the first opposite party promised that efforts would be made to trace the missing three (3) bags and they would be delivered shortly.

On 1.2.1992 the first opposite party acknowledged the short delivery of three (3) bags. Even after the expiry of more than two months, as the three (3) bags were not delivered, the complainant on 11.4.1992 demanded the payment of value of three (3) bags of M.A.A. as no amount was paid, the complaint was filed for a direction to the opposite parties (1) to deliver three (3) bags (25 Kgs., each) of M.A.A., or in the alternative Rs. 20,400.00; (2) payment of Rs. 10,000/- of damages and costs.

THE opposite parties did not appear, even though notices were served and were set ex-parte on 2.9.1992. But as the third opposite party sent a letter dt. 3.9.1992, received on 19.9.1992, raising a preliminary objection regarding the maintainability of the complaint, as the dispute raised is not a consumer dispute, but subsequently there was no representation on behalf of the opposite parties. The District Forum held that since one of the opposite parties reside within its territorial jurisdiction, it has jurisdiction to entertain the complaint. Relying, on the original bills issued for purchase of chemicals it held that the chemical was purchased at Rs. 265.00 per K.G., on the consignment note issued by the second opposite party that freight charges of Rs. 1,372.00 were charged on the shortage certificate showing shortage of three (3) bags of 25 Kgs. each and on notice issued to the opposite parties claiming the value of three (3) bags as Rs. 20,400.00 and the District Forum directed the opposite parties to deliver three (3) bags of M.A.A. of 25 Kgs. each within one month from the date of its order i.e., 25.10.1992, failing which, it directed payment of Rs. 20,400.00 with interest at 12% from the date of complaint within one month from the date of receipt of the order of the District Forum and payment of costs of Rs. 500.00.

IN this appeal against the order of the District Forum, it is contended by Mr. S. Balchand, the learned Counsel for the appellant that firstly the complaint is not maintainable as there is no consumer dispute; secondly that the District Forum has no territorial jurisdiction; thirdly there is no deficiency of service and lastly the District Forum ought not to grant interest at 12% per annum. There is no dispute with regard to the bills produced by the complainant showing the value, payment of freight and shortage of delivery of three (3) bags of M.A.A. The District Forum, therefore, rightly held that there was shortage of delivery of three (3) bags of M.A.A., the value of which is Rs. 20,400.00. Adverting to the first three contentions, it cannot be disputed that the complainant paid freight charges and the opposite parties, for the said consideration, agreed to do the service of transporting the goods. As they failed to deliver the goods, there is consumer dispute and there is deficiency in service. As one of the opposite parties is resident of Warangal, the District Forum has jurisdiction to entertain the complaint. The last contention that interest should not have been awarded, is not tenable.

THE District Forum awarded interest at 12% per annum from the date of complaint till the date of payment, as the opposite parties did not pay the amount inspite of notice and the rate of interest is also not excessive. Hence the contentions are devoid of substance. Appeal is dismissed, no order as to costs. Appeal dismissed.