SHOBHA GLOBAL Vs. AIR INDIA

JUDGEMENT

(1.) This complaint under Sections 21 and 22 of the Consumer Protection Act, 1986 has arisen on these facts:

(2.) 285 Kgs. of different types of polyster printed Sarees, cotton printed Sarees and handloom Sarees, silk Sarees, Duppattas etc. were packed in 12 cartons by the Complainant to be transported to the Complainants' consignee at Mauritius, M/s. Aryana Collections Ltd. The goods were handed over to customs house agent, Opposite Party No. 3 for clearance and for arranging onward transportation to the consignee at Mauritius. The FOB-value of the consignment containing 12 packages with a gross weight of 285 Kgs. was US $ 10,659.58. Copies of the Exchange Control Declaration, invoice and shipping bill dated 31st August, 1992 are annexed with the complaint and are marked 'A' collectively. The consignment, after clearance, was entrusted by the Opposite Party No. 3 to the Opposite Party No.1 and also paid the necessary freight. The 1st Opposite Party issued Air Waybill No. 096-6025-7164 dated 5.9.1992, copy marked as Annex. 'B'. The consignment was entrusted to the 1st Opposite Parry at its cargo complex against challan/gate pass No. 369791 dated 5th September, 1992, copy Annexure 'C'. The consignment was to be lifted to Mauritius by Air India/Air Mauritius Flight No. AI/MK/745 on 9.9.1992. There is no dispute on these facts.

(3.) It is alleged in the complaint that due to the gross negligence and deficiency in service, the 1st Opposite Party did not properly handle the goods entrusted to it and 8 out. of 12 packages were found missing on 7.9.1992 and were not traced by the 1st Opposite Party and the 3rd opposite, Party as a result of which substantial number of fabrics which had to be exported by the Complainant to Mauritius to enable it to participate in the trade fair could not be exported resulting in substantial loss of reputation and prejudice and also losses arising out of the non-participation in the Exhibition apart from various other losses such as payment of charges for the space at the exhibition, rental charges paid at Mauritius, boarding and lodging expenses incurred by the Complainant. The Complainant has claimed in para 18 under different heads a sum of Rs. 40,45,146 together with interest at the rate of 18 per cent per, annum on account of gross negligence and deficiency service by the Opposite Parties.