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2001 Supreme(SC) 927

S.N.VARIAVA, S.RAJENDRA BABU
Savani Roadlines – Appellant
Versus
Sundaram Textiles LTD. – Respondent


JUDGMENT

S.N. Variava, J.-This Appeal is against an Order of the National Consumer Disputes Redressal Commission dated 11th March, 1999.

2. Briefly stated the facts are as follows :

The 1st Respondent had entrusted to the Appellant 125 cartoon of goods, of the value of Rs. 9,30,188/- for transport from Nanguneri to Itchalkaranji. The goods were not delivered. The 1st Respondent had insured the goods with the 2nd Respondent. The 1st Respondent lodged a claim with the 2nd Respondent for loss of goods. The 2nd Respondent settled the claim of 1st Respondent by paying a sum of Rs. 9,30,188/-. The 2nd Respondent took a letter, which is termed as a "Letter of Subrogation, and a Special Power of Attorney". On the basis of this letter the 2nd Respondent filed a complaint before the State Consumer Redressal Forum. The 1st Respondent was also a party to this complaint. The State Consumer Redressal Forum by its Order dated 16th December, 1998 directed the Appellant to pay a sum of Rs. 9,30,188/- with interest at 12% per annum.

3. The Appellant filed a Revision before the National Consumer Redressal Commission which has been dismissed by the impugned Order dated 11th March, 1999. Hence this Appeal.








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