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N.C.SHARMA, SUBHASH PUROHIT, FIROZA BANO
VIJAY LAXMI TRANSPORT CORPORATION – Appellant
Versus
JAIN METAL COMPONENTS – Respondent


Advocates:
Counsel for the Parties :
For the Appellants :Mr. M.L. Vyas, Advocate.
For the Respondent:Mr. Mansingh Gupta, Advocate.

ORDER

Mr. Justice N.C. Sharma, President—This appeal has been filed by the opposite parties against the order of the District Forum, Jodhpur dated 23.7.1993 whereby the District Forum ordered that the opposite parties will refund to the complainant the amount of Rs. 40,000/- which had been charged from the complainant as demurrage with interest @ 18% per annum w.e.f. 17.7.1992. Case of the complainant M/s. Jain Metal Components as pleaded in his complaint was that the complainant was a partnership Firm having its business at Jodhpur. The complainant had booked certain goods for transportation from Jodhpur to Bombay with M/s. Vijay Laxmi Transport Corporation and for this service of transportation/the opposite parties charged hire as per the prescribed rate. The goods were booked under three goods receipts Annexure 2 (collectively). According to the complainant, there was an endorsement on the goods receipt that there will be door delivery. It was stated that therefore, the goods was to be delivered by the transporters at the door of the purchaser within 7 days at Bombay. However due to defective and deficiency in service, the opposite parties did not deliver the goods till 3.7.92. C











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