1. IN response to an order placed by M/s. Micron INstruments Private Limited, INdustrial Area, Phase I, Chandigarh, 141 pieces of Alloy INgots weighing 1000 kgs were despatched by M/s. Emmes Metals Limited, Kandivili (West), Bombay on 2.8.1993. The consignee came to know from the transporter M/s. Parkash I Roadlines Limited, Bangalore, having an office at Chandigarh as well (now appellants) that a considerable part of the goods was lost/stolen in the godown. The District Forum-II ordered on 19.11.1998 that a sum of Rs. 57148/- shall be payable on account of shortage of material together with interest @ 12% p.a. from the date of institution of the complaint till realisation and costs Rs. 1,100/-. Aggrieved against it, the present appeal has been attempted by M/s. Parkash Roadlines Limited.
2. BRIEFLY the facts are that the complainants are manufacturers of strategic defence stores for the Ministry of Defence, Government of India and their unit is situated in Industrial Area, Chandigarh. A purchase of Aluminium Alloy Ingots 141 pieces weighing 1000 kgs was made on 3.6.1993 from M/s. Emmes Metals Limited, Kandivili (West), Bombay. The present appellants acted as transporter on 2.78.1993. After the consignment reached Chandigarh, a considerable part of it was lost in the godown of the transporter at Chandigarh. The complainant put forward a claim of Rs. 61,810/- on account of actual loss suffered, Rs. 50,000/- on account of physical and mental harassment, costs Rs. 5,000/- and interest @ 18% p.a.
Since the goods were rightly despatched and they reached Chandigarh, the suppliers respondent No. 1 in the complaint and M/s. National Insurance Company Limited were let off. The District Forum held the respondent Nos. 2 and 3 now appellants liable for the loss which took place in their godown at Chandigarh.
The goods were despatched by the vendors and the present appellants were the transporters. The goods did reach Chandigarh. Out of 141 pieces weighing 1000 kgs, a bulk consisting of 110 pieces weighing 785 kgs was lost while in storage in godown of the transporters. The finding of the District Forum that the consignee is maintaining its office at Chandigarh and that the goods were despatched for Chandigarh, the Forum here rightly had the territorial jurisdiction notwithstanding a general sentence printed on consignees'' copy that transaction shall be subject to Bangalore jurisdiction only. This plea reiterated here has no force. Similarly, a plea that the complainant was not a consumer qua the transporter too has no merit. The complainant has paid transportation charges. Besides he paid demurrage of Rs. 5940/- as well on 14.2.1994. The liability of the appellants arrived at by the District Forum in the sum of Rs. 57148/- towards cost of the material lost while in custody of appellant and interest @ 12% p.a. from the date of institution of the complaint till realisation and costs awarded is hereby affirmed and the appeal is dismissed. The appellant is liable to pay a sum of Rs. 1,100/- as costs in respect of this appeal as well. Appeal dismissed with costs.
