TRANSPORT CORPORATION OF INDIA LTD. vs TURBO BEARING PVT. LTD.

THIS appeal arises from order dated 5th October, 2001 rendered by the learned Rajkot District Consumer Disputes Redressal Forum in Complaint No. 48/1998.

WE have heard the learned Advocate for the appellant/original opponent. No one is present on behalf of the respondent/original complainant. WE have gone through the impugned order. The case before the learned Forum was short delivery of consigned goods, by the opponent transport company. The only submission before this Commission is that shortage certificate issued by the opponent transport company while delivering the goods in question indicates that the goods were delivered intact and yet upon verification of the contents there was shortage to the extent of 40 kgs. From this short certificate it has been submitted that the consignor would have sent that much short material while consigning the goods in question through the opponent transport company. This argument cannot be accepted for what the consignment note disclosed is actual weight carried by the transport company and actual weight charged by the transport company. Both the columns indicate 125 (must be Kgs.). Thus, if the transport company had accepted the consignment of goods by actual weight and charged weight it was expected to deliver the goods having that much weight. Admittedly the weight of the goods delivered was 40 Kgs. less. Thus there was admitted shortage of goods delivered to the consignee. The amount of loss is not in dispute and it is in the sum of Rs. 23,300/- as per the shortage certificate. If that is so, we do not find any infirmity in the impugned order while appreciating these documents which have been canvassed before this Commission. It has been submitted before this Commission that the consignee might have made payment to the consignor and it would amount to recovering the amount second time from the opponent transport company. It is not the case of the opponent transport company that transport charges have been paid by the consignee. The Contract of Consignment is between the opponent Transport Company and the Consignor. If that is so, the liability of the Transport Company vis-a-vis Consignor is appearing on the face of it, as this argument will not stand.

Finally, it has been submitted on behalf of the opponent Transport Company that the interest which has been awarded by the learned Forum is on higher side. In our considered opinion bearing in mind the facts of the case award of interest @ 12% does not found on higher side.

IN view of what is stated above and in the facts and circumstances of the case there is no reason to interfere with the impugned order. Following order is, therefore, passed : This appeal is dismissed with no order as to cost. Appeal dismissed.