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Vijayanand Roadlines Limited v/s Nav Maharashtra Chakan Oil Mills Ltd.


Company & Directors' Information:- N K OIL MILLS PVT LTD [Active] CIN = U15201GJ1994PTC022669

Company & Directors' Information:- B P OIL MILLS LIMITED [Active] CIN = U15142UP1965PLC003232

Company & Directors' Information:- NAV MAHARASHTRA CHAKAN OIL MILLS LIMITED [Active] CIN = U15143PN1984PLC034512

Company & Directors' Information:- ROADLINES CORPORATION PVT LTD [Active] CIN = U63090WB1994PTC061508

Company & Directors' Information:- K P L OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1983PTC003685

Company & Directors' Information:- J . R. ROADLINES PRIVATE LIMITED [Active] CIN = U70101WB2006PTC107792

Company & Directors' Information:- N K B OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1999PTC013095

Company & Directors' Information:- K K K OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142KL2000PTC013621

Company & Directors' Information:- CHAKAN OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15143PN2000PTC014510

Company & Directors' Information:- B M ROADLINES PRIVATE LIMITED [Active] CIN = U63090GJ2002PTC040674

Company & Directors' Information:- M F T ROADLINES PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040887

Company & Directors' Information:- R B ROADLINES PVT LTD [Active] CIN = U63090WB1983PTC036024

Company & Directors' Information:- S N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142HR1986PTC025702

Company & Directors' Information:- G. B. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15326HR1985PTC019817

Company & Directors' Information:- R. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141DL1992PTC047883

Company & Directors' Information:- J K OIL MILLS COMPANY LIMITED [Strike Off] CIN = U15143UP1955PLC002570

Company & Directors' Information:- A H M ROADLINES PRIVATE LIMITED [Strike Off] CIN = U63013TG1999PTC031922

Company & Directors' Information:- ROADLINES INDIA PVT LTD [Active] CIN = U63090WB1996PTC079480

Company & Directors' Information:- D S G ROADLINES PVT LTD [Active] CIN = U51109WB1985PTC039738

Company & Directors' Information:- N N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15147MH1999PTC117989

Company & Directors' Information:- B R ROADLINES (INDIA) PRIVATE LIMITED [Active] CIN = U60231MH2012PTC238361

Company & Directors' Information:- J B ROADLINES PRIVATE LIMITED [Active] CIN = U63040MH2003PTC139162

Company & Directors' Information:- B R ROADLINES PRIVATE LIMITED [Strike Off] CIN = U60200MH2004PTC145346

Company & Directors' Information:- J & T OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141KL2006PTC019754

Company & Directors' Information:- S V ROADLINES PRIVATE LIMITED [Under Process of Striking Off] CIN = U60231MH1983PTC031408

Company & Directors' Information:- A AND R OIL MILLS PVT LTD [Strike Off] CIN = U15315CH1994PTC014265

Company & Directors' Information:- S S ROADLINES PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC029367

Company & Directors' Information:- M. D. ROADLINES PRIVATE LIMITED [Active] CIN = U60231GJ2006PTC048696

Company & Directors' Information:- S N ROADLINES PRIVATE LIMITED [Strike Off] CIN = U63040KA2010PTC056341

Company & Directors' Information:- P. M. ROADLINES PRIVATE LIMITED [Strike Off] CIN = U63040GJ2009PTC057749

    R.P. No. 456 of 2005

    Decided On, 23 August 2005

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE K.S. GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE MRS. RAJYALAKSHMI RAO
    By, MEMBER

    For the Petitioner: Ranvir Singh, Advocate. For the Respondents: None.



Judgment Text

K.S. Gupta, Presiding Member:

1. Petitioner was the opposite party. Respondent/complainant booked 750 kgs. of DL Methonine worth Rs. 1,63,500 with branch of the petitioner at Bhadravati town for delivery of Coastal Hatcheries, Kushalnagar, Kodagu District vide waybill No. 1486807 dated 1.11.1998. Consignment reached the destination in a lorry of the petitioner in damaged condition. On being informed of damage, the respondent asked the petitioner to re-deliver consignment at Bhadravati. On threat of charging of heavy demurrage by the petitioner, the respondent took delivery of the consignment on 7.12.1998 on payment of Rs. 1,810 to the petitioner. Petitioner issued a damage certificate on 7.12.1998 accepting loss of 34 kgs. of DL Methonine (for short DLM). Respondent alleged that returned DLM being not saleable was destroyed after obtaining expert report from the laboratory. Complaint claiming total amount of Rs. 2,20,265 filed by the respondent was contested by the petitioner. The District Forum allowed the complaint with direction to the petitioner to pay amount of Rs. 1,63,500 being the value of consignment along with freight of Rs. 1,810 and cost. Appeal against District Forum’s order filed by the petitioner was dismissed by the State Commission. While dismissing appeal, the State Commission heavily relied upon the statement of Dr. Vinod Kulkarni examined by the respondent and Dr. Anu Appaiah examined by the respondent. Pursuant to the order dated 5.4.2005, the petitioner has filed cross-examinations of both these witnesses. In his cross-examination, said Dr. Appaiah has admitted that DLM is used for manufacturing animal feed and damaged or diluted DLM cannot be used for feed. It is further in his cross-examination that DLM can be used in original form only and not damaged and if DLM is exposed to water and moisture it looses its original value and only original form of DLM can be recycled and not the damaged. Said Dr. Kulkarni found that the returned DLM being exposed to air was unfit for use. Ex. P11 is his report. Having heard Mr. Ranbir Singh for petitioner, in view of said admissions made by the own witness of petitioner and statement of Dr. Kulkarni and report Ex. P11 we do not find any illegal

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ity or jurisdictional error in the orders passed by Fora below warranting interference in revisional jurisdiction under Section 21(b) of Consumer Protection Act, 1986. Revision petition is, therefore, dismissed. Revision Petition dismissed.
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