Mrs. Justice Jyotirmoyee Nag, President — The case of the petitioner is that it booked 42 Bags of Tea on 18.2.93 containing 1,134 Kgs, another lot of 35 Bags of Tea on 26.2.93 containing 873 Kgs and other lot of 151 Bags on 26.2.93 of 3,747 Kgs through the respondent No. 1. Value of the Tea booked on three occasions through the respondent No. 1 aggregates to Rs. 2,37,700/-. Inspite of booking the aforesaid quantity of Tea through the Respondent No. 1 on 18.2.93 and 26.2.93 the respondent No. 1 did not deliver the tea at the place of the petitioner at Calcutta within reasonable time. As a result the complainant/petitioner by its letter dated 2.3.93 informed the respondent No. 1 that the Teas of the three consignments are still lying at the Guahati Godown of the respondent No. 1. Respondent No. 1 was requested to hand over the tea to other transporters namely Planters Airway Limited for onward despatch to Calcutta as the Respondent No. 1 expressed his difficulty for delivery of Part Truck load materials at Calcutta and it was also informed that for such transportation from the godown of the respondent No. 1 to the said Planters Airways Limited, the necessary delivery charge woul