National Consumer Disputes Redressal
Dr. A. Dayal vs Gati Ltd. & 3 Ors. on 3 March, 2016
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2634 OF 2015 (Against the Order dated 15/05/2015 in Appeal No. 1522/2011 of the State Commission Madhya Pradesh) 1. DR. A. DAYAL R/O GANDHI NAGAR, ITARSI TAHSIL,ITARSI, DISTRICT : HOSHNAGABAD M.P ...........Petitioner(s) Versus 1. GATI LTD. & 3 ORS. GATI PETROL PUMP, LASUDIA MORI, DEWAS NAKA, AB ROAD, INDORE M.P 2. GATI LTD. OFFICE OF HOUSING BOARD COLONY, KALI PASS,PURANI ITARSI, TAHSIL ITARSI, DISTRICT : HOSHANGABAD M.P 3. GATI LTD., HEAD/REGISTERED, OFFICE-1-7-293,M.G ROAD, SECUNDERABAD A.P 4. GATI LTD., OFFICE AT BHOPAL, INDUSTRIAL AREA, PLOT NO-2&3 GOVINDPURA, BHOPAL M.P ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER HON'BLE DR. S.M. KANTIKAR, MEMBER For the Petitioner : Mr. Umeshwar Dayal, Advocate For the Respondent :
Dated : 03 Mar 2016 ORDER JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL) 1. Learned counsel for the petitioner present. Arguments heard.
2. The complainant sent two consignments on 23.12.2008 and 24.12.2008. It is for the first time that it transpired on 21.01.2009 that the goods booked were found in open and damaged condition. Notice under section 10 of the Carriers Act, 1865 was issued after the expiry of six months.
3. The State Commission rightly held that the notice should have been sent within six months. That is a mandatory provision.
4. The facts of the Supreme Court authority in Arvind Mills Ltd. Vs. M/s Associated Roadways AIR 2004 SC 5147 neatly dovetail with the facts of instant case.
5. We do not find any merits in this revision petition. Therefore, the revision petition is dismissed.
......................J J.M. MALIK PRESIDING MEMBER ...................... DR. S.M. KANTIKAR MEMBER