REGENT COMPUTRONICS PVT. LTD.

TRANS MEDITERRANEAN AIRWAYS Appellant

V/S

UNIVERSAL EXPORTS Respondents

Referred Judgements :-

BHARAT BANK LIMITED DELHI VS. EMPLOYEES OF BHARAT BANK LTD [REFERRED TO]
STATE OF BOMBAY VS. NAROTTAMDAS JETHABHAI [REFERRED TO]
BRAJNANDAN SINHA VS. JYOTINARAIN [REFERRED TO]
RAM KARAIA VS. SIMLA BANKING INDUSTRIAL COMPANY LIMITED [REFERRED TO]
BARADAKANTA MISHRA STATE OF ORISSA VS. REGISTRAR OF ORISSA HIGH COURT:SHRI BARADAKANTA MISHRA [REFERRED TO]
KIHOTO HOLLOHAN VS. ZACHILLHU [REFERRED TO]
STATE OF TAMIL NADU VS. G N VENKATASWAMY [REFERRED TO]
CANARA BANK VS. NUCLEAR POWER CORPORATION OF INDIA LIMITED [REFERRED TO]
LAXMI ENGINEERING WORKS VS. RS G INDUSTRIAL INSTITUTE [REFERRED TO]
PROPRIETOR JABALPUR TRACTORS VS. SEDMAL JAINARAIN [REFERRED TO]
FAIR AIR ENGINEERS PRIVATE LIMITED VS. N K MODI [REFERRED TO]
PATEL ROADWAYS LIMITED VS. BIRLA YAMAHA LIMITED [REFERRED TO]
SKYPAK COURIERS LIMITED VS. TATA CHEMICALS LIMITED [REFERRED TO]
P SARATHY VS. STATE BANK OF INDIA [REFERRED TO]
CHARAN SINGH VS. HEALING TOUCH HOSPITAL [REFERRED TO]
STATE OF KARNATAKA VS. VISHWABARATHI HOUSE BUILDING CO OPERATIVE SOCIETY [REFERRED TO]
SECRETARY THIRUMURUGAN CO OPERATIVE AGRICULTURAL CREDIT SOCIETY VS. M LALITHA DEAD [REFERRED TO]
KISHORI LAL VS. CHAIRMAN EMPLOYEES STATE INSURANCE CORPORATION [REFERRED TO]
UNION OF INDIA VS. R GANDHI PRESIDENT MADRAS BAR ASSOCIATION [REFERRED TO]

JUDGEMENT

(1.) This appeal is filed under Section 23 of the Consumer Protection Act, 1986 [hereinafter referred to as "the C P Act"] against the order in Original Petition No. 161 of 1994 of the National Consumer Disputes Redressal Commission, New Delhi ["the National Commission" for short] dated 15th January, 2004, whereby the National Commission has directed the appellant to pay a sum equivalent to US $71,615.75 with 5% interest from the date of the complaint, till its realization, and imposed costs of '1 lakh for deficiency of service.

(2.) The appellant before us is an International Cargo carrier, with its principal place of business at Beirut, Lebanon. Respondent No.1 is a garment exporter and respondent No.2 is an accredited International Air Transport Association agent. By this appeal, we are called upon to examine and reconcile the area of operation of the C P Act on the one hand, and the Carriage by Air Act, 1972 [hereinafter referred to as "the CA Act"] along with the Warsaw Convention of 1929 [hereinafter referred to as "the Warsaw Convention"] on the other. The appellant, respondent No. 1 and respondent No. 2, hereinafter, for the sake of brevity, referred to as "appellant carrier", "the consignor" and "agent" respectively.

(3.) The core issues that arise for our consideration and decision in this appeal are:

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TRANS MEDITERRANEAN AIRWAYS Vs. UNIVERSAL EXPORTS

Referred Judgements :-

JUDGEMENT

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