HEMANT GUPTA, J. - (1.) The challenge in the present appeal is to an order passed by the National Consumer Disputes Redressal Commission;(For short, the 'Commission') on 1.7.2009 allowing the complaint filed by the respondent(For short, the 'complainant') and directing the appellant to pay a sum of Rs.65,74,000/- with interest @9% p.a. from the date of filing of complaint till realization. The appellant was also directed to pay Rs.25,000/- as cost to the complainant.
(2.) The appellant herein is a testing, inspection and certification company that tests the quality and quantity of several products. The complainant engaged the appellant for providing services for inspection of groundnut procured by the complainant for the purpose of exporting the same to Greece and Netherlands. The appellant was responsible for carrying out the inspection of samples and further certifying in respect of different parameters of the groundnut. There were two sets of consignments, one to Piraeus, Greece and another to Rotterdam, Netherlands. The specification requirement in the communication dated 7.11.1997 was in respect of 122 containers of peanuts procured from M/s Shree Ram Industries, Rajkot. 10 containers out of 122 containers were required to be stuffed at Kandla Port and the rest at the factory of Shree Ram Industries, Rajkot. The specifications required by the complainant in respect of consignment to Greece were as under: JUDGEMENT_24_LAWS(SC)10_2021_1.jpg
(3.) The appellant carried out the inspection and analysis of Hand Picked and Selected peanuts(For short, 'HPS peanuts') which were to be exported to Greece. The peanuts were of two qualities - Bold and Java and the Inspection Certificate of quantity, quality, weight and packing certificates were issued from 2.12.1997 to 20.12.1997. One of the reports in respect of Bold and Java variety of peanuts is as under: "Representative samples were drawn from 10% of the bags selected at random. Based on examination analysis of samples, we certify that the goods are:- JUDGEMENT_24_LAWS(SC)10_2021_2.jpg No responsibility can be accepted for the possible consequences of further development of aflatoxin producing moulds dependent up on condition of storage and/or transportation nor for differences arising from varying methods applied. " ;