DILAWARI EXPORTERS Vs. ALITALIA CARGO

JUDGEMENT

(1.) Challenge in this appeal under Section 23 of the Consumer Protection Act, 1986 (for short "the Act") is to the order dated 15th April, 2002 passed by the National Consumer Disputes Redressal Commission (for short "the Commission") in Original Petition No. 156 of 1995. By the impugned order, the Commission has dismissed appellant's complaint alleging deficiency in service on the part of M/s Alitalia Cargo, respondent No. 1 in this appeal, on the ground that there was no privity of contract between the appellant and respondent No. 1. Respondent Nos. 2 and 3 in this appeal are M/s Omni Marg Travels (Pvt.) Ltd., General Sales Agents and M/s Fourways Movers (P) Ltd., Cargo Clearing Agents of respondent No. 1 respectively.

(2.) The salient facts giving rise to the present appeal are as follows: The appellant is engaged in the business of export of readymade garments and handicrafts. They obtained an order from one M/s D.D. Sales, a concern based in New York, USA for supply of 2050 pairs of Cotton Gents Dhotis, 150 sets of Cotton Ladies Ghagra-Choli, 150 pieces of Dupatas, etc. As per the agreement between the appellant and the said concern of New York, USA, these articles had to reach New York, USA before 10th of October, 1994. Accordingly, the appellant handed over the consignment of the said articles to respondent No. 3 - M/s Fourways Movers (P) Ltd. on 4th October, 1994 for onward dispatch to New York, for which a House Air Waybill No. FMPL 0841 was prepared by respondent No. 3. For the sake of ready reference, the said Bill is reproduced hereunder:

(3.) Since the consignment did not reach New York by the stipulated date, M/s D.D. Sales, the importer, cancelled the order on or around 16th October, 1994 and claimed damages from the appellant. The consignment reached the destination only on 20th October, 1994.