Mr. Justice P.K. Shamsuddin, President— This appeal is directed against the order passed by the District Forum Kasargod in O.P. No. 78/ 96. The complainant is the appellant.

2. Shortly stated, the allegations in the complaint are as follows. On 22.11.1995 the complainant, entrusted the opposite party an envelop containing valuable legal documents and affidavits for the delivery to his Counsel at Delhi for the purpose of filing a revision petition before the Supreme Court. The opposite party failed to deliver the envelop and hence the revision petition could not be filed. The connected matters are pending before the Sub-Court, Kasargod. The complainant alleged that he suffered financial loss of Rs. 1,00,535/- on account of deficiency committed by the opposite party.

3. The opposite party filed a version contending that the consignment originally entrusted was returned with endorsement that the party is not available and though it was again sent it failed to be delivered. The alleged loss is baseless and the opposite party was liable to pay only Rs. 100/- as per the terms set out in the consignment note.

4. Before the District Forum no oral evidence was taken and only Exts. Al and