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The case was filed by the loss of generator sets left to Patel Roadways carrier by Birla Yamaha consignor for transport The products were burnt during a fire in the
...godown of Patel Roadways A complaint was made by Birla Yamaha under the Consumer Protection Act for deficiency in service The National Consumer Disputes Redressal Commission NCDRC held in favor of Birla Yamaha invoking Section of the Carriers Act which is a presumption of negligence on the part of the carrier unless established otherwise Patel Roadways appealed on the grounds that Section is applicable only to civil suits and not consumer forums