KERALA STATE CONSUMER DISPUTES REDRESSAL COMIISSION VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL Nos. 572/04 & 573/04

JUDGMENT DATED : 29.06.2012

PRESENT

SHRI. M.K. ABDULLA SONA               :HON.  ACTING PRESIDENT

APPELLANT

Durga Prasad Gupta,

Manager and Power of Attorney Holder,

Raj Rani Goel, Propritress,

M/s. Priyantha Traders, Cherootty Road, Calicut.

.

                  ( Rep. by Adv. Sri. R. Sudhissh)

                                                Vs

RESPONDENTS

1.     Associated Road Carriers Ltd.,

     Beach Road, Calicut.

2.     Associated Road Carriers Ltd., Jalgaon.

     3.  Associaed Road Carriers Ltd.,27, Weston Street, Culcutta.

                  ( Rep. by Adv. Sri. R. Sudhissh)

JUDGMENT

SHRI. M.K. ABDULLA SONA               :  HON. MEMBER

This appeal prefers under the order dated 30.5.2004, in the file of CDRF, Kozhikode in E.A. by 2004 in E.P. 77/98 and E.P. 78/98 in O.P. No. 171/96  & 172/96

          2.  The appellant is the complainant in O.P. No. 171/96 and 172/96.  He is the decree holder in the above E.A. in E.P. Nos. 77/98 and 78/98 respectively.  The respondents are the judgment debtors/opposite party and they are also opposite parties in the above said O.Ps.   The appeal prefers from the aggrieved order passed by the CDRF, in E.A. No. 4/04 and in E.P. No. 78/98 in O.P. No. 172/96.  The prayer in the appeal is to allow this appeal  that means they prayed to allow this appeal  and to set aside the impugned order passed in E.A. No. 4/04 dated. 13.5.2004 in E.P. No. 78/98 in O.P. No. 172/96 passed by the CDRF, Kozhikode and also prayed to allow E.P. No. 78/98.  The Forum below entertained the O.P. No. 171/96, 172/96 respectively.  On hearing both sides and passed a very elaborated final order with appreciating all the facts circumstances and evidence of the cases given proper opportunities to both sides.  There are no such allegations from both sides.  The orders of the Forum below is that ; O.p. No. 171/96, the Forum below directed the opposite party to handover the consignment involved in the case to the complainant,   if the complainant pays total rupee of 3,000/- to the opposite parties towards demurrage and transport charges, within 3 months in O.P. No. 172/96 the Forum below directed the opposite party to handover the consignment involved in the case to the complainant.  If the complainant pays the opposite parties a total amount of Rs. 4,000/- towards demurrage and transport charges within 3 months.  The respondents/opposite parties filed appeal No. 639/97 before this Commission and during the pendency of the appeal this appellant issued 2 cheques dated 28.8.97 to the respondents but the respondent did not accept the cheques and return the cheques stating the reason that the appeal has been preferred against order of the District Forum.  On  25.11.97, the appeal was dismissed.  After the dismissal of the appeal the appellant/complainant filed execution petition as numbered 77/98 and 78/98 respectively before the District Forum to enforce the order passed by the Forum below. 

          2.      The respondents filed a counter in the E.P. stating that the E.P. is not maintainable because the order of the Forum below has no direction to  handover the consignment at Culcutta and the consignment was damaged and the damaged consignment was