M/S. RAJASTHAN ART EMPORIUM Vs. KUWAIT AIRWAYS

JUDGEMENT

(1.) These two appeals are cross appeals preferred against the order passed by the National Consumer Disputes Redressal Commission (for short 'the NCDRC') dtd. 1/10/2012 in Original Petition No. 229 of 1997 whereby the complaint filed by the appellant/complainant was disposed of while directing respondent no. 1 to pay the appellant/complainant US$ 500750/- or Rs.20.00 lakhs is less along with 9% per annum compensation with effect from 31/7/1996 till its realization.

(2.) The case of the appellant/complainant is that it is an exporter of all kinds of handicrafts goods to several countries including USA. The appellant/complainant had received an order from M/s. Williams Sonoma Inc. USA for supply of handicraft goods. Accordingly, the appellant/complainant had to send three shipments of 1538 packages weighing 26,859.5 kg. to the consignee on an urgent basis, which was specifically informed to the respondents. On 22/7/1996, the goods were tendered to respondent no. 1 through respondent no. 2 after getting an assurance that the shipments will reach destination at Memphis within 7 days and delivery schedule was handed over to the appellant/complainant. As per the schedule, the entire consignment was supposed to reach at Memphis by 31/7/1996.

(3.) The consignments did not reach the destination at Memphis (USA) as per the delivery schedule. On enquiry, respondent no. 1 expressed its inability to deliver the consignments as per the delivery schedule provided to the appellant and a revised delivery schedule was given on 5/8/1996, which mentioned the date of delivery on 6/8/1996. However, the consignment did not reach at the destination even as per the revised delivery schedule.