The case was filed by the loss of 267 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, 1986, for deficiency in service. The National Consumer Disputes Redressal Commission (NCDRC) held in favor of Birla Yamaha, invoking Section 9 of the Carriers Act, 1865, which is a presumption of negligence on the part of the carrier unless established otherwise. Patel Roadways appealed on the grounds that Section 9 is applicable only to civil suits and not consumer forums.