Contract Act

Querist :
Anonymous
(Querist) 04 May 2011
This query is : Resolved
I am doing a business of packers and movers. I have book one truck of XYZ transport for shifting a household goods from Vadodara to Nepal and for that purpose i had paid Rs. 45000/- to XYZ transport. But before reaching goods to Nepal due to negligency of truck driver , truck met with accident and my goods also damaged. More over, transporter had told me that come personally at the place of accident and collect your goods , i am not responsible if goods are theft from the place of accident. More over transporter also deny to return Rs. 45000/- which i had paid for contract . Can i file a suit U/s 73 of Contract Act or under any other section ?