AIR INDIA LIMITED Vs. NALINI R LAKHANI

JUDGEMENT

(1.) THIS appeal arises from order dated 17.7.2004 rendered by the learned Consumer Disputes Redressal Forum, Ahmedabad City, Ahmedabad in Complaint No. 262 of 1998 directing the opponent Air India to pay to the complainant value of the goods consigned through the opponent, freight charges and compensation coupled with interest @ 9% p.a. and cost of the complaint. We have heard the learned Advocates for the parties. We have gone through the impugned order.

(2.) IT would appear from the facts appearing in the impugned order that the complainant engaged in the business of export had an occasion to consign 2000 pieces of grey cloth to M/s. Shri Ganesh Overseas Limited, Nairobi, Kenya (East Africa) under airway receipt issued by Air India Limited. The complainant had an occasion to send the original airway bill received by her along with bill of exchange, invoice and other documents through Giro Bank Limited for the same being retired against payment by consignee so that the consignee can obtain delivery of the goods from opponent Air India Limited upon presentation of the original airway bill. The consignee did not have the occasion to retire the documents by making payment of the value of the goods in the sum of US $ 3800 equivalent to then Indian Rs. 1,60,000/ - and the bank returned the documents to the complainant. The complainant addressed notice dated 7.10.1998 to the opponent to deliver the goods back at Ahmedabad. The opponent sent letter dated 17.10.1998 saying that as per their record the consignment was delivered to the consignee. The complainant was surprised about such an alleged delivery of the goods without original airway bill having been retired by the consignee from the Bank upon making the payment of the value of the goods. The complainant had, therefore, the occasion to file complaint before the Forum for the reliefs of refund of value of goods, freight charges and compensation. The opponent Air India Limited resisted the complaint inter alia on the ground that delivery of the goods was effected as stated in their aforesaid letter. The opponent Air India Limited had taken other contentions also with which we are not presently concerned. While repelling the contention of the opponent Air India Limited, the learned Forum found that the opponent Air India Limited did not produce any evidence to show that the delivery was effected to the consignee. The learned Forum has also observed that the stand of the opponent Air India about delivery of the goods cannot be accepted, as, when complainant got back the documents from the bank, those documents included original airway bill also. The learned Forum, therefore, proceeded to pass aforesaid order which has been subjected to challenge in this appeal.

(3.) THE facts of the case as appearing in the impugned order are now not in dispute. The only contention on facts is that the goods were delivered to the consignee and there was no obligation on the part of the opponent Air India to deliver the goods upon production of the original airway bill by the consignee. Even as on date the question has remained hanging. The opponent Air India did not produce any acknowledgement or receipt of the consignee having received the goods from the opponent. Under such circumstances at the time of hearing of the application for stay this Commission had an occasion to pass following order on 28.2.2005: