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M.K.BASU, S.MAJUMDAR, D.KARFORMA
MADHYA BHARAT PAPERS LTD. – Appellant
Versus
EAST INDIA TRANSPORT AGENCY – Respondent



ORDER

Mr. Justice M.K. Basu, President—This appeal is directed against the judgment and order dated 29.12.1998 passed by the Calcutta Unit-II District Consumer Forum in Case No. C.D. F-I/2752/1995. The complaint was filed by M/s. Madhya Bharat Papers Ltd. and others (the present appellants) on the following allegations. The complainant-1 was a manufacturer of paper having its mill at Champa, District Bilaspur, M.P. and they used to carry on their business from their Calcutta Office at Nicco House, Calcutta. The complainant-2 was the Oriental Insurance Company Ltd. Respondent-1 M/s. East India Transport Agency, was a limited liability company carrying on business at their registered office at 20-B, Abdul Hamid Street, Calcutta as common carrier carrying on road transport business for hire from place-to-place. The proforma respondent-2 was M/s. Alok Paper Udyog, Patna. The complainant-1 consigned goods to the said proforma respondent-2 through respondent-1. The complainant-1 was the consignor. They consigned two consignments of 159 and 39 bundles of paper respectively on “Consignment Sale” basis on 11th November, 1993 for Rs. 2,00,028/- and Rs. 45,508/- respectively from Champa to Pat








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