M/s. Transport Corporation of India Ltd. v. M/s. Veljan Hydrair Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(Online)(SC) 196

SUPREME COURT
unknown, unknown
M/s. Transport Corporation of India Ltd. v. M/s. Veljan Hydrair Ltd.

Table of Content
1. facts regarding the consignment and its non-delivery. (Para 1 , 2)
2. arguments presented against liability and service deficiency. (Para 3 , 4)
3. court observation on complaint procedures and limitations. (Para 5 , 6 , 10 , 12)
4. ratio related to service and freight considerations. (Para 8 , 9 , 13)
5. final ruling and dismissal of the appeal. (Para 14 , 15)

1. This appeal is directed against the order dated 11.8.2004 of the National Consumer Disputes Redressal Commission ('National Commission' for short) affirming the order dated 14.6.2004 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission ('State Commission' for short).

2. The appellant is a 'common carrier' as defined in the Carriers Act , 1865 ('Act' for short). The respondent entrusted a consignment (an Hydraulic Cylinder) measuring 2700 kg, covered by sale invoice dated 30.4.1996 to the Appellant for transportation from Patancheru to Bharuch, the consignee being "self." The Appellant issued Consignment Note/Lorry Receipt dated 10.5.1996 to the Respondent in that behalf, wherein the declared value of the consignment was shown as Rs. 583440/-. As M/s Prakash Industries Ltd., Bharuch, th