Judgements

Safe Packers & Movers vs P. Ramachandra Murthy on 12 September, 2001

National Consumer Disputes Redressal
Safe Packers & Movers vs P. Ramachandra Murthy on 12 September, 2001
Equivalent citations: I (2005) CPJ 93 a NC
Bench: D Wadhwa, C Chaudhry, J M Members, R Rao, B Taimni


ORDER

B.T. Taimni, Member (J)

1. This is a revision petition filed by the petitioner aggrieved by the order of
State Commission dismissing the appeal filed by the Petitioner before the State
Commission against the order of District Forum awarding Rs. 25,125/- as relief and Rs. 15,000/-
as compensation in favour of Respondent/Complainant.

2. Brief facts of this case are that the Petitioners Packers and Carriers were
handed over 40 Packages by the Respondents/Complainant to the transferred from
Secundrabad to Gandhidham. The lorry carrying these good met with an accident
enoute and from the place of accident it had to be carried in another vehicle.
Complaint received some of the packages in damaged condition for which he claimed
damages from the Petitioner. On not getting satisfactory reply, Complainant moved the
District Forum who after hearing both the parties rejected the contentions of the
Petitioner awarded the relief already mentioned above, against which the Petitioner filed an
appeal with some delay. The appellant authority-State Commission-dismissed the
appeal as being time barred as well as on merits.

3. Before us the Revision Petition argued on facts namely that goods were
delivered intact, Complainant took 27 days to bring the discrepancy of damage to goods
to the notice of the Petitioner, District Forum and State Commission have not taken into
consideration the depreciated value of the goods, that goods were packed by the
Complainant and were kept in the garage for two months-implying that goods could
have been damaged during this period of storage. He has charged only Rs. 8,600 as
cost of transportation and to penalize him for more shall harm him. All these question
of fact have been gone into by the lower for a. No question of law has been raised
before us showing that nay were is any illegality or irregularity in the order passed by
the State Commission. We find no ground to interfere with the well reasoned order of
the State Commission.

4. Revision Petition is dismissed. No order on costs.