RAGHBIR SINGH vs Zimidara Engg Co Ltd

THE complainant has come up in appeal to challenge, the dismissal of her complaint by the order dated 17th of August, 1995 passed by the learned District Forum, Karnal, on the ground that as the envelope entrusted by the appellant to M/s Crown Courier contained share certificates which was lost by the courier, they should be directed to make the payment of Rs. 2,000/ - by way of face value of the share certificates alongwith a sum of Rs. 13,000/ - by way of damages for mental torture and harassment etc. The learned District Forum while dismissing the complaint found as a fact, that no receipt whatsoever had been produced by the complainant in support of her complaint.

IN the appeal before us, the learned Counsel for the appellant has however produced a receipt bearing No. 283126 to contend that even for the period later than 22nd of May, 1993 receipts bearing subsequent numbers i.e. 20,000 onwards had been issued. This document is of no relevance and does not extend any help to the appellant as it does not relate to the parties. Therefore, no inference whatsoever can be derived from such a document. Except this, no other evidence has been produced by the appellant to substantiate the allegation that the envelope was ever entrusted to the courier. Since the burden which was very heavy upon the complainant to prove that the parcel containing share certificates was ever entrusted to the opposite party, which was alleged to have been lost in transit, has not been discharged by the complainant, the opposite party could not be held liable for the alleged loss. Since the learned Counsel for the appellant has not been able to advance any further argument except reiterating the submissions already made before the learned District Forum, we do not find any merit in the same and while upholding the order passed by the learned District Forum, dismiss the appeal. Appeal dismissed.