M.S. Parikh, President- This appeal arises from order dated 30.8.2001 rendered by the learned Consumer Disputes Redressal Forum, Bhavnagar in Disputes Case No. 108 of 1997 directing the opponent transport company to pay to the complainant Rs. 21,390/ - with interest at the rate of 12% p.a. from the date of complaint till payment and compensation and cost in the sum of Rs.2,000/-.

2. It was the complainant's case before the learned Forum that he had called for one bag of patterns from Vikram Engineers of Rajkot on 5.5.1997 through opponent transport company. But the opponent transport company delivered four bags and did not deliver one bag containing patterns. He, therefore, approached the learned Forum for damages in the form of cost of patterns, compensation and expenses. The opponent resisted the complaint inter alia on the ground that the goods as per the transport receipt were delivered to the consignee and accordingly five items were delivered and not four items, that there were four bags containing casting and one item containing loose casting, in all five items which were required to be delivered to the consignee and the consignee received the goods at the destination. A