Mr. Justice S.A. Kader, President — This is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

2. The complainant delivered on 25.1.92,18 card board boxes containing Stainless Steel Cook wares to the second opposite party to be transported from Madras to Bombay under lorry receipt No. 808708 and delivered the same to the consignee Ramson Industries, Bombay-2. A sum of Rs. 974/- was paid towards transport charges. The consignment did not reach the destination. Hence the complaint for recovery of the value and compensation.

3. The opposite parties in their joint counter denied the liability. According to them they sent these goods and other goods to Bombay through lorry bearing Regn. No. MMK 3447 belonging to M/s. Neerala Roadways. The lorry has not reached Bombay. It was on verification found that the registration No. MMK 3447 did not relate to lorry. A police complaint has been preferred and it is pending under investigation. The loss is only due to the deficiency of service on the part of Neerala Roadways. The opposite parties pointed out that the complainant has declared the value of the goods at Rs. 40,000/- only and it cannot now increase the v