MALS CARGO (P.) LTD. Vs. KAMINO INTERNATIONAL LOGISTICS PVT. LTD. & ORS.

JUDGEMENT

(1.) COMPLAINT was filed, inter alia, alleging that the complainant has been doing International Freight Forwarding activities. Opposite party is also working as freight forwarding agent having IATA membership and international agent net working Carpet Export Promotion Council (for short CEPC) entrusted a shipment of 154 PCS 3393 Kgs for being carried to Expo Centre Norte -Sau Paulo Brazil, USA. Shipment belonged to the firms, the names whereof are disclosed in para No. 2 of the complaint. It was meant for displaying handmade woollen carpet rugs, etc. in Gift Fair, 2008 which was to be held from August 16 - August 19, 2008 at said Expo Centre Norte -Sau Paulo Brazil, USA. Shipment was to be handed over to the opposite party No. 1 on or before 25.7.2008. Towards freight charges, the complainant gave 11 cheques of a total value of Rs. 11.00 lakh to opposite party No. 1. It was alleged that shipment got delayed as a result whereof the firms detailed in para No. 2 of the complaint, could not display the goods in the Fair. Attributing deficiency in service on the part of opposite party, the complainant claimed the reliefs set out in para No. 9 of the complaint which being material, is re -produced below:

(2.) 00 crores Sum of Rs. 25.00 lakh at item No. 1 above is stated to be the amount which is due from the existing customers. During argument on admission, it was submitted by Mr. Manish Batra for the complainant that due to delay in delivery of shipment in present case the customers who owe the said money to the complainant will not pay it to the complainant. It is always open to the complainant to take legal action against the customers who owe money to it if it is not paid by them. On ground of delay in shipment, the complainant cannot seek recovery of the said money in these proceedings from the opposite parties. 2. At item No. (iv) above, the claimant has claimed loss of business from the exporters to the tune of Rs. 100.00 lakh. At said item No. (ii) claimant has separately claimed compensation of Rs. 8.00 lakh. At item No. (v) amount of Rs. 50.00 lakh has been claimed by way of compensation for mental agony and harassment. Basis for claiming these highly exaggerated claims have not been disclosed in the complaint. Ex facie claims made against the said items are highly exaggerated and is abuse of process of law. Accordingly, the complaint is dismissed. Complaint dismissed.