Thiru Justice E.J. Bellie, President—Opposing the order of the District Forum against them the opposite party Sri Jayalakshmi Transport has filed this appeal.

2. The complaint was filed against the opposite party alleging that the Dhanalakshmi Mill Stores, Madras sent a consignment of 37 Huller Cylinders through the opposite party to be delivered to the complainant M/s. Mill Stores (Madras) Pvt. Ltd., Tiruchy. But since the goods were found defective and unmerchantable, the complainant did not take delivery and therefore the opposite party took back the consignment to deliver it to the consignor at Madras. But it did not do so. Because of this lapse on the part of the opposite party, on pressure from the consignor the complainant had to pay the value of the consignment namely Rs. 3,700/-. Besides, the complainant has incurred a sum of Rs. 300/- as incidental charges. The opposite party is liable to pay these amounts to tine complainants. The opposite party is further liable to pay other damages. On these grounds the complaint has been filed for an award.

3. The opposite party contended that the complainant is not entitled to any claim from them. It further contended that on refu