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Judgment
M/s. Punjab State Handloom Weavers Appex Co-operative Society Limited, Sector 22C, Chandigarh entrusted 27 bales of handloom goods for transportation to Calcutta and this job was entrusted to Transport Corporation of India on 4.7.1989. At the time of delivery it was found that 4 out of 27 bales were wholly damaged on account of soaking of water. On a complaint instituted by the Oriental Insurance Company Limited as well as M/s. Punjab State Handloom Weaver''s Apex Co-operative Society Limited, the District Forum-II held M/s. Transport Corporation of India liable to pay Rs. 13,417/- with interest @ 12% p.a. from 3.9.1991 and costs Rs. 2,100/-. Aggrieved against this order dated 23.2.1999 M/s. Transport Corporation of India, Chandigarh has attempted the present appeal.
THE fact that 27 bales containing bed sheets, towels, shirting and so on, were entrusted to M/s. Transport Corporation of India on 4.7.1989 vide G.R. No. Y 32613 for transportation to Calcutta is not disputed. THE details of clothes, quantum etc. has been described in para No. 8 of the complaint. THE certificate report dated 18.9.1989 contains a specific mention that on opening of bale bearing No. 4048, as many as 108 pieces of towel were found completely wet and discoloured. According to the letter dated 26.8.1989 after deducting the salvage amounting to Rs. 12,882.48, the Transport Corporation of India itself proposed to the Calcutta consignee to depute its representative to their office for obtaining pucca certificate of facts. Thus, it is a case where damage to one bale of cotton clothes was well established and finding of fact did not call for interference. On behalf of the appellant it has been pointed out that policy No. mentioned in the receipt dated 3.9.1991 was 23112/20/00020/90, whereas in para No. 10 of the complaint the No. of policy given was 23112/20/00047/88 dated 1.9.1988. However, the number of policy in complaint and the Certificate Report is exactly the same. It may go to indicate that there was only a clerical error in the receipt. Besides this the Oriental Insurance Company has not raised any such objection.
A half-hearted plea regarding limitation while instituting the complaint too has no merit. The goods were despatched and reached Calcutta on 22.7.1989 and these were delivered in August, 1989. An objection was made immediately regarding the contents of one bale. A damage certificate was issued on 27.1.1990. The complaint was made on 23.7.1992. At that time there was no provision in the Act regarding time frame. It was only after the notification dated 18.6.1993 wherein time of two years provided for instituting the complaint. Thus after considering all the facts and documents referred to above and hearing the learned Counsel for the parties, the impugned order is affirmed with the modification that interest shall be payable from the date of decision of the complaint by the District Forum till realisation. Appeal disposed of.