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Judgment
Taken up through video conferencing.
This petition has been filed under section 21(b) of the Act 1986 in challenge to the Order dated 01.04.2014 of the State Commission in appeal no. 784 of 2011 arising out of the Order dated 28.03.2011 of the District Commission in complaint no. 944 of 2009.
Heard the learned counsel for the two sides. Perused the material on record, including the Order dated 28.03.2011 of the District Commission, the impugned Order dated 01.04.2014 of the State Commission and the petition.
Briefly, the complainant (the respondent herein) sent a letter along with a draft of Rs. 81,000/-, being a scheduled instalment, to the Ludhiana Improvement Trust, Ludhiana, through the courier services firm (the petitioners herein). The letter, along with the accompanying draft, was not delivered in time. Resultantly the Improvement Trust imposed penalty and interest for not depositing the instalment in time. The State Commission vide its impugned Order dated 01.04.2014 held the courier services firm deficient in not delivering the letter and the accompanying draft in time and awarded Rs. 80,000/- to the complainant to compensate her for the penalty and interest imposed by the Trust.
Prima facie we find no jurisdictional error, or legal principle ignored or erroneously ruled, or miscarriage of justice having been occasioned.
During the course of the arguments learned counsel for the courier services firm requests for an interlude to seek instructions. After an interlude, learned counsel submits on instructions that the courier services firm wishes to withdraw its instant petition. The courier services firm shall be bound by the submission made by its learned counsel.
The petition is dismissed as withdrawn, without the option to file it again before this Commission.
The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.