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Tribunals and Commissions(1994) 06 NCDRC CK 0024

M. ADAM SAFIULLA vs Roy George

National Consumer Disputes Redressal Commission · Decided on 14 June 1994 · Citation: 1995 1 CPJ 410 : 1995 2 CLT 172

HON’BLE JUDGES
S.A.Kader , R.N.Manickam , Ramani Mathuranayagam J.

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Judgment

5 paragraphs · 359 words
1.

THIS is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

2.

THE complainant is carrying on business in Raw Hides and Skins, tanning them and selling them. He entrusted on 28.3.92,799 pieces of cow hides for tanning. THEre was a dispute between the 1st opposite party and the 2nd opposite party, who is the owner, of the factory and who has hired it to the 1st Opposite Party. As a result of this dispute, the factory was closed on 1.4.92. Subsequently, there was a settlement and the factory was re-opened on 11.4.92. According to the complainant, out of 799 pieces, 93 pieces were totally damaged and the remaining 706 pieces were partially damaged. THE complainant took delivery of the same. THE Complainant had to pay damages to M/s. Mahaboob Skin Traders, which had entrusted these goods to the complainant for tanning. He had to pay damages to M / s. Mahaboob Skin Traders at the rate of Rs. 40/for the 703 pieces partially damaged coming to Rs. 28,120/-. He claims the value of 93 pieces, totally damaged at Rs. 400/- per piece coming to Rs. 37,200.00, in all the claims Rs. 65,320.00. THE Complainant also claims compensation for business loss and reputation at Rs. 50,000.00. THE 2nd Opposite Party has been impleaded as a formal party and no relief is claimed against it. The 1st Opposite Party has remained absent and has been set ex-parte. The 2nd Opposite Party has been represented by Counsel and claims that it is not liable.

Exhibits Alto A3 are marked. Proof Affidavit is filed. The claim against the 1stOpposite party is proved.

3.

IN the result, we order as follows:- (1) The 1st Opposite party shall pay to the Complainant the sum of Rs. 65,320.00 with interest thereon at 12% from the date of entrustment, viz. 28/3/1992. till payment. (2) The 1st Opposite Party shall pay compensation to the complainant in the sum of Rs. 50,000.00. (3) The 1st Opposite party shall also pay costs of Rs. 2,000.00 to the complainant. (4) The claim fails and is dismissed as against the 2nd Opposite party.

Complaint allowed.