The transporter is liable for damages due to non-delivery of goods as per the contractual agreement, when delivered without obtaining necessary lorry receipts.

1. This complaint was earlier dismissed vide order dated 11.5.2012. And said order was challenged before the Hon'ble National Commission by the complainant by filing First Appeal No. 465 of 2012. The Appeal before the Hon'ble National Commission has been decided vide order dated 2.7.2022. The matter was remanded back with the following observations.
"In the result, the appeal is allowed. The order of the State Commission dated 11.5.2012 passed in CC / 93/2000 is set aside. Matter is remanded to State Commission, Gujarat at Ahmedabad who shall restore the same to its original number and shall proceed to decide on merit in accordance with law. The appellant may appear before State Commission on 2.9.2022. Thereafter State Commission will fix a date in accordance with its convenience."
Therefore, the matter was restored at its original number and placed for hearing before this commission. For the complainant learned Advocate Mr. B. N. Shah and Mr. H. B. Shah filed their vakilatnama on 21.9.2022 and for the opponent Learned Advocate Mr. Niraj Gupta and Mr. A.J. Majgoankar filed their appearance on 3.10.2022. The complainant filed closing purshis on 9.11.2022. The complainant filed his written arguments on 14.11.2022 and the opponent filed their written arguments on 15.11.2022. The written arguments filed by both the sides are taken on record and the matter was heard at length.

2. Facts of the case :
The Complainant Company is a Ltd. Company. Mainly engaged in to the Business of Manufacturing and Marketing of Rubber Tyres and Tubes of various kinds and purposes and other connected products. The opponent No. 1 and No. 2 are Branches of one transporter firm engaged in the business of Handling, Carting and Transportation of goods. The Complainant Company has entered in to a written Agreement on 15.2.1994 with the Opponent No. 1 for the purpose of Transportation of the goods of the Complainant Company. The Complainant Company had handed over goods worth Rs.6,39,233 to the Opponent No. 1 for transporting the same at Gandhidham, to a Consignee M/s. Yogeshwar Tyres.
2.2 As per the Terms and Conditions contained in the said agreement, the Opponent No. 1 was under obligations to act strictly as per terms and conditions and observe the same as far as the handling and transportation of the said goods are concerned. It was binding duty and obligation upon the Opponent No : 1 to hand over the said goods as per the procedure laid down into the said Agreement, and deviation therefrom will result in the breach of the terms and conditions of the said Agreement. The Opponent No.1 and 2 acted negligently and carelessly and handed over the said goods to the Consignee M/s. Yogeshwar Tyres at Gandhidham without receiving the lorry receipt duly discharged by the bank, which was mandatory pre - requisite as per agreement. Due to that negligence of opponents, the Complainant Company sustained heavy loss and loss of interest as well as profits on the said goods.
The Complainant Company lodged a Claim Bill before the Opponent No.1 being No. 17/2000 dated 26.4.2000 claiming Rs.6,39,233. The Opponent No : 1 did not paid any attention to the said Claim Bill, so, the Complainant Company again sent the reminder and demanded the said amount of claim by its letter dated 29.4.2000. The Cause of Action has arisen on 26.4.2000 when the Complainant Company filed Claim Bill before the Opponent No. 1 and demanded payment of the Claim Bill on 29.04.2000.
2.3 Relief sought :
The Complainant Company has prayed as under :
A. The Honourable State Commission may be pleased to pass an Ord