CONTINENTAL AND EASTERN AGENCIES Vs. INTERNATIONAL AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) This appeal has been filed by the complainant against the order of District Forum dated 26.7.90 by which the complaint of complainant was dismissed.

(2.) Briefly, the facts are that the complainant firm imported a consignment of 6 exhaust analysers and testers from U. S. A. under the A. W. B. No.220-90688006. The consignment was packed into 6 different cartons which were placed in a single skid/pallet measuring 48" x 29". It is alleged that the airlines wrongly issued airways bill for 6 cartons. In fact the bill should have been of 6 cartons on one skid. When the goods arrived in India, the same were deposited with the defendant. The delivery of the goods could not be taken by the complainant within the prescribed period and consequently the defendant claimed demurrage from them. It is pleaded that the demurrage is being charged from the complainant for 6 cartons whereas it should have been charged for one skid only. They however, took delivery of the goods on payment of demurrage claimed by the respondent and filed a complaint before the District Forum for recovery of Rs.18,450/- charged by the defendant as excess demurrage and Rs.10,000/- as damage. The complaint was dismissed by the Forum. The complainant has come up in appeal to this commission.

(3.) It is contended by the learned Counsel for the appellant that the 6 cartons containing the goods were packed in one skid. Thus it was one skid and not 6 packages all the times one skid/pallet and not six packages. Consequently, it was entitled to charge demurrage for one skid and not for 6 packages.