B.K. Taimni, Member—The appellant was the complainant before the State Commission where they had filed a complaint alleging deficiency in service on the part of the respondent opposite parties.

2. Very briefly stated, the facts leading to filing of complaint are, that the appellant/complainant placed orders for purchase of 13 MT of mustard oil from M/s. Laxmi Oil Mill, Lehar, District Bhind for a consideration of Rs. 3,55,000. It was the case of the complainant that M/s. Laxmi Oil Mill engaged/hired the services of Ms. Shivam Oil Tankers of Kalpi Road, Kanpur wherein the above quantity of oil was loaded in tanker No. UP-78-B-2731 on 17.4.97 for sending the consignment of oil from Bhind to the works of complainant at Howrah, for which goods receipt was issued but when within reasonable time, the consignment did not reach the appellant, the matter was taken up with the transporter as also the first respondent Insurance Company from whom a marine policy had been obtained and who had been informed about this consignment as well. Non-delivery status was also informed to the first respondent Insurance Company who appointed an investigator. Yet, when the matter was not getting sorted