ORDER :

1. The challenge in the present appeals is to an order passed by the National Consumer Disputes Redressal Commission (in short, “NCDRC”) dated 10.01.2008, whereby an order of the Himachal Pradesh Consumer Disputes Redressal Commission directing the appellant to pay a sum of Rs.4,29,445/- along with interest at the rate of 8% and costs of Rs.5000/- was not interfered with.

2. The sole argument raised by the learned counsel for the appellant is that in terms of Section 10 of Carriers Act, 1865, no prior notice was served upon the common carrier, therefore, the complaint before the Consumer Fora was not maintainable. Section 10 of the Carriers Act is reproduced hereunder :-

“10. Notice of loss or injury to be given within six months — No suit shall be instituted against a common carrier for the loss of, or injury to goods (including container, pallets or similar article of transport used to consolidate goods) entrusted to him for carriage, unless notice in writing of the loss or injury has been given to him before the institution of the suit and within six months of the time when the loss or injury first came to the knowledge of the plaintiff.”

3. Learned Counsel for the appellant