JUDGEMENT
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(1.) This Appeal has been filed against the impugned order of the National
Consumer Disputes Redressal Commission, New Delhi (for short 'National
Commission') dated 06th February, 2003 passed in Original Petition No. 285 of 1997.
(2.) The facts of the case are:
The Appellant is an export house. It had booked certain goods through respondent
No.1 for carriage through respondent No.2 to New York, U.S.A. According to the
appellant, the goods were expected to reach in the second week or early third week
of February, 1995. It is alleged that the goods were never delivered to the consignee
in New York, although the goods had allegedly reached New York. According to
the appellant, the goods were kept in the Custom's Bonded Ware House in New
York which demanded US Dollars 5000 as demurrage.
(3.) Since the shipment was delayed and consequently the foreign buyer
refused to accept the consignment, the appellant filed a complaint before the
National Commission seeking a direction to the respondents to pay a sum of
Rs.39,81,351/- along with interest thereon @ 24% per annum from the date of filing
of the petition till realization due to the negligence on the part of the respondents.;
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