Respondent/complainant sent a consignment of 825 carton boxes containing 14,850 kg of fish worth Rs.5,04,900/- to be delivered to Vinayaka Enterprises, Gowahati, Assam through petitioner. According to the respondent, the goods were to be -2- delivered at Gowahati within 15 days from the date of booking which the petitioner failed to deliver. The goods were sent on 12.12.2007 and the petitioner offered the delivery to the consignee on 31.12.2007 which the consignee refused to take on the ground that the goods had become rotten and damaged. Respondent/complainant filed the complaint before the District Forum which was allowed. The petitioner was directed to refund the price of the goods, i.e., Rs.5,04,900/- to the respondent/complainant. Rs.2,000/- were awarded by way of compensation and Rs.2,000/- as costs. Aggrieved by this, petitioner filed the appeal before the State Commission which has been dismissed by the impugned order. We agree with the view taken by the fora below. The goods sent by the consigner were perishable. The goods were to be delivered within 15 days of the handing over which the petitioner failed to deliver. There certainly is a deficiency in service on the part of the petitioner and the fora below have rightly directed the petitioner to compensate the respondent/complainant for the loss suffered by
-3- him. Dismissed. No costs.
......................JASHOK BHANPRESIDENT ......................VINEETA RAIMEMBER | |