ANGEL ARULRAJ, E.J.BELLIE, PULAVAR V.S.KANDASAMY
WESTERN CARRIERS – Appellant
Versus
TAMIL NADU INDUSTRIAL ENTERPRISES – Respondent
Thiru Justice E.J. Bellie, President—These four appeals arise out of one common order passed by the District Forum, Madras North in four O.Ps. viz., O.P. Nos. 12/97,13/97,120/97 and 121 /97. In these circumstances, all the appeals can be disposed of in one common order.
2. In all the O.Ps. the two complainants as well as the opposite party are the same. In all the O.Ps. the 1st complainant is the Tamil Nadu Industrial Enterprises and the 2nd complainant is the New India Assurance Company Limited. The opposite party is M/s. Western Carriers. In all the O.Ps., the case of the complainants is that certain consignments were entrusted to the opposite party by M/s. Bharat Aluminium Company Limited, Korba, Bilaspur, Madhya Pradesh, to be carried and delivered at Madras to the consignee the 1st complainant. There was short delivery in respect of two of the consignments and in other two consignments the goods were damaged. In respect of short delivery, O.P. Nos. 12/97 and 13/97 were filed and in respect of damaged delivery O.P. Nos. 120/97 and 121/97 were filed. According to the complainants, the short delivery and the damage to the goods were due to the fault of the opposite party and
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