The Consumer Disputes Redressal Commission, Gujarat, has ordered a transport company in the state to pay Rs 62,750 with interest to a consignor for loss of 120 bags of cotton waste in a fire.
The commission maintained an impugned order of the Ahmedabad City Consumer Disputes Redressal Forum in a complaint filed by the Consumer Education and Research Society (CERS) and Jitendra Shah, the consignor, against Hakani Transport Company and Ratilal Vadilal, all of Ahmedabad.
In 1996, CERS and Shah had complained that the latter had handed over the consignment valued Rs 62,750 to Hakani Transport for delivery to the consignee, Shiv Trading Company, Surat.
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The goods were transported by Hakani Transport through Ratilal Vadilal whose truck caught fire and the consignment was burnt as it had come in contact with a live electric wire.
Shah preferred claim with Hakani Transport and Ratilal Vadilal. As the two companies failed to honour the claim, Shah filed a complaint with the forum, alleging poor service on the part of both, resulting in loss to him.
Hakani Transport filed a written statement, contending that the company was a commission agent and, therefore, would not be liable to answer the claim.
The forum concluded that the consignment note/transport receipt issued by Hakani Transport reflected a contract of transport between Shah and the company. Therefore, Shah had hired its services for transporting the consignment.
Ratilal Vadilal was held liable for its driver