SINGAPORE AIRLINES LTD Vs. JWF EXPORTS AND ORS

JUDGEMENT

(1.) J .W.F Exports was the complainant before the Karnataka State Consumer Disputes Redressal Commission, Bangalore (hereafter, 'the State Commission') in complaint case No.84 of 2001 in which it alleged deficiency in service on the part of the appellant. Singapore Airlines Limited (hereafter, 'the Carrier') and New Globe Air Services Limited, the Cargo Agent of the Carrier (hereafter, 'the Cargo Agent') because a consignment of silk fabrics valued at US $ 13, 989.19 (equivalent to Rs. 6,51,796 at the then prevailing exchange rate) handed over by the complainant at Bangalore for air -freighting to a buyer in Los Angeles, USA was mis -delivered. The complainant accordingly prayed for direction to the opposite parties (OPs) to refund the sum of Rs. 6,51,796 with interest @ 24% per annum from 16.2.2001 till payment as well as compensation on other counts. The allegations were opposed by the OPs, denying any deficiency in service on their part. The State Commission, however, found both the Carrier and the Cargo Agent (the appellants before us) guilty of deficiency in service and directed these OPs, by its order of 24.10.2005, to jointly and severally pay to the complainant the sum of Rs. 6,51,796 with interest @ 12% per annum from the date of the airwaybill (25.1.2001) till payment, along with cost of Rs. 10,000. Aggrieved, the two OPs have filed these two appeals against the order of the State Commission.

(2.) FOR effective adjudication of the dispute, the documented/undisputed facts of the case need to be noticed in some detail:

(3.) AGAINST this background of documented and/or undisputed facts we have heard Mr. Dileep Poolakkut, learned counsel for the appellant Carrier and Mr. Lalit Bhasin, learned counsel for the appellant Cargo Agent. None was present on behalf of the Complainant/Shipper and the Clearing House Agent despite service of notice. During the pendency of these appeals, the appellant Cargo Agent also moved a miscellaneous application seeking impleadment of Chador Tex Inc., Dillu Inc. and Hanmi Bank as necessary par -tics, alleging that both the Carrier and its Cargo Agent had been duped by some crime syndicate.