1.       This revision petition has been filed under section 21(b) of the Act 1986 in challenge to the Order dated 27.12.2013 of the State Commission in appeal no. 496 of 2010 arising out of the Order dated 13.07.2009 of the District Commission in complaint no. 571 of 2003.

2.       We have heard the learned counsel for the cargo services (the petitioner herein) and the authorized representative of the complainant (the respondent herein). We have also perused the record, including inter alia the Order dated 13.07.2009 of the District Commission, the impugned Order dated 27.12.2013 of the State Commission and the petition.

3.       Proved facts of the case, as evincing from the appraisals made by the two fora below, are that the cargo services duly received a consignment of goods from the complainant but failed to deliver it. The essential dispute before the two fora below was apropos the contention made by the cargo services that it had not received the goods at all since riots had broken out in the city. The fora below, however, examined the evidence and inter alia placing reliance on 02 receipts issued by the cargo services on which it was explicitly written “We have received cargo in good condition” held that the consignment had been duly received by the cargo services and therefore in failing to deliver the same it had indulged in deficiency in service. On the face of it, we do not notice any perversity or material irregularity in the findings on facts by the two fora below. 

4.       During the course of the arguments, however, the learned counsel for the cargo services requests for an interlude to seek instructions. After an interlude, the learned counsel submits, on instructions, that the cargo services wishes to withdraw its petition. He also requests, on instructions, that an amount of Rs. 4,00,000/- which had been deposited by the cargo services before the State Commission during the appellate proceedings before it may be unconditionally released to the complainant along with interest if any accrued thereon and submits, on instructions, that the balance awarded amount will be paid by the cargo services to the complainant within six weeks from today. He also requests that this case may not be treated as a precedent.

5.          In the wake of the above submissions, the present revision petition no. 1052 of 2014 is dismissed as withdrawn with the directions that (i) the amount of Rs.4,00,000/- deposited by the cargo services with the State Commission shall be forthwith released by the State Commission to the complainant along with interest if any accrued thereon as per the due procedure and (ii) the balance awarded amount shall be made good by the cargo services within six weeks from today, failing which the District Commission shall undertake execution as per the law.

The decision in this case shall not be a precedent.            

6.       The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel / authorised representative as well as to the State Commission and to the District Commission immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.