Mr. Justice R.N. Mittal, President—Briefly, the facts are that the complainant is manufacturing Ultarmhrine Blue (Neel). He booked four consignments of Neel from Delhi to Karnal as detailed below:—

S.No. G.R. No. Date of booking Nos of bags Value of goods

1. 10395 9.1.1992 60 Rs. 35,943/-

2. 10394 9.1.1992 10 Rs. 5,990/-

3. 13362 14.4.1992 40 Rs. 23,520/-

4. 14703 29.5.1992 80 Rs. 47,040/-

Total : Rs. 1,12,493/-

Out of the said consignments 1st 3 were in the name of self and the 4th in the name of Binaca Washing Powder Company. It is alleged that the O.P. delivered the goods without getting the good's receipt to someone. Consequently, there is deficiency in service on their part and they are liable to pay the price of goods to the complaintant.

2. The complaint has been contested by the opposite party (O.P.). They inter alia pleaded that the payment of the goods had been made to the complainant and, therefore, they are not entitled to get any amount from them.

3. The only question that arises for determination is, whether, there was any deficiency in service on the part of the O.P. It is not disputed that the goods were delivered by the O.P. to some persons without getting the go