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2007 Supreme(SC) 232

R.V.RAVEENDRAN, TARUN CHATTERJEE
Transport Corporation of India LTD. – Appellant
Versus
Veljan Hydrair LTD. – Respondent


JUDGMENT

Raveendran, J.—This appeal is directed against the order dated 11.8.2004 of the National Consumer Disputes Redressal Commission (‘National Commission’ for short) affirming the order dated 14.6.2004 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission (‘State Commission’ for short).

2. The appellant is a ‘common carrier’ as defined in the Carriers Act, 1865 (‘Act’ for short). The respondent entrusted a consignment (an Hydraulic Cylinder) measuring 2700 kg, covered by sale invoice dated 30.4.1996 to the Appellant for transportation from Patancheru to Bharuch, the consignee being “self.” The Appellant issued Consignment Note/Lorry Receipt dated 10.5.1996 to the Respondent in that behalf, wherein the declared value of the consignment was shown as Rs.583440/=. As M/s Prakash Industries Ltd., Bharuch, the customer for whom the consignment was intended was not in a position to clear the consignment, the Respondent, by letter dated 8.11.1996 instructed appellant’s Patancheru Branch to re-book the consignment from Bharuch to Patancheru. For this purpose, the respondent enclosed the original (consignee’s copy) of the lorry receipt as also its invoice dated 30


























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