The Appeal is directed against the Judgment and Order dated 23-12-96 passed by the learned District Forum East Khasi Hills, Shillong directing the opposite party for making payment of the total amount of consignment.

 

2. The Appellant opposite party are transporters/carriers. At the instance of the complainant the consignor at Calcutta booked a consignment of six cases of Apparel perfumes and shaving brushes to be delivered to the consignee/complainant firm at Shillong vide invoices Nos. NE/055 dated 19-5-94 for the goods to Rs.39, 490.30 (Rupees thirty nine thousand four hundred and thirty paisa) only and No.CE/013 dated 19-5-94 for the goods amounting to Rs.1, 986.78 (Rupees one thousand nine hundred and eighty six and seventy eight paisa) only, totaling an amount of Rs.41,477.08 (rupees forty one thousand four hundred and seventy seven and eight paisa) only and under consignment Note No.1576 dated 19-5-94 through the appellant company. Since the above articles did not reach the destination the complainant informed the carrier/opposite party and on their failure to redress their grievances lodged complaint before the State Forum. The complainant further stated that pursuant to the pleader notice dated 23-5-95 the opposite party informed that the matter was reported to the police authority by First Information Report against their own driver at Siliguri Police Station alleging in the F.I.R. that their own driver had misappropriated the said goods at Siliguri either on 25-5-94 or later.

 

3. The Opposite Party/Appellants submitted their show cause through the Branch manager of the Corporation and contested the maintainability of the Complaint Petition. The learned District Forum while allowing the complaint took into consideration the case filed by the Appellant/opposite Party and made the following observations:

 

“… Unfortunately the statement made by the Manager is questionable because if the case is subjudiced they should have submitted the case No. and details of the case of the concerned court of C.B.I. It seems everything was kept in shadow in respect of misappropriation of the consignments of the illfated truck though they know about it and only the owner to save his future legal burden simply file an FIR in Siliguri P.S. that too also after 37 days of the occurrences and wrongly informed the consignee that CBI has taken up the case to delay settlement.

 

Sri Ashok Agarwal of M/S Meghalaya Road carried (Pvt) Ltd. informed Elizabeth Adrena over phone on 28-9-94 about CBI investigation but till date no further papers were submitted by the Carrier Agency nor the counsel could for verification and justification of his claim that the case is being processed by CBI.

 

M/S V.S.A. Enterprise, Shillong has paid full amount towards the cost of materials supplied to them by M/S Elizabeth Adrena, Calcutta vide D/D for Rs.41, 477.08 through Vijaya bank, G.S. Branch Shillong on 13-6-94…”

 

4. The learned District Forum also considered the contention about the maintainability of the complaint Petition and rejected the said contention on the ground that the complainant had the locus-standi to lodge the complaint taking into consideration the long lapse of time of filing the FIR and also taking into the consideration the failure of the Opposite Party/Carrier in not discharging its burden as a carrier and accepted the case of the complainant.

 

5. We have heard the learned counsel for the parties and also examined the materials on record and on consideration of all aspects of the matter. We do not find any infirmity in the impugned judgment and order of the learned District Forum and accordingly dismissed the Appeal.

 

Considering the facts and circumstances of the case there shall however be no order as to costs.