Order no. 09      dt. 08/04/13

Record is put up for order in respect of the petition challanging the maintainability of the case filed by the o.p.
From the record we do not find any notice was served upon o.p. by the complainant, as per Sec 10 of the Carriers Act 1865.
Besides, the decision of the Hon’ble Apex Court published on AIR 2004 SC5147(2004) II Sec 545(2005)7 SCALE 319 - Aravind Mills Ltd. VS. M/s. Associated Roadways, is that absence of notice U/s. 10 of the Carrier’s Act does not in any way warrent abrogation of the requirement to serve notice u/S. 10 of Carrier’s Act before fastening any liability under that act on the carriers mostly before the production under the Consumer Protection Act is summary in nature.
In view o fthe above findings, instant case dismissed on contest since barred by law without cost.