BHARATHI KNITTING CO Vs. BRITISH AIRWAYS

JUDGEMENT

(1.) We direct opposite party-1 to pay Rs. 19,58,448/- and interest on this amount @ 12% from 24th January, 1993 till the date of payment of Rs. 10,000/- as cost to the complainant. (Paras 32 & 33) Result : <FV>Ordered accordingly</FV>. Counsel for the Parties : For the Complainant : Mr. <ADV>M.N.Krishnamani, K.K.Mani, M.Wadhwani, Anil Mittal</ADV>, Advocate. ORDER This complaint is filed by M/s. Bharati Knitting Co., a sole proprietorship concern represented by its proprietor Mr. V. Rajalingam, having their office at 42, Valipalayam Extension, Bharathi Street, Tirupur, Tamilnadu. The complaint is regarding deficiency in service regarding export consignment to be delivered by (opposite party No. l) M/s. British Airways and M/s. Zeus Air Services, (opposite party No. 2) through whom the booking was done. The facts of the case are as follows.

(2.) The complainant sent a consignment of 22,320 pieces of cotton knitted ladies pullovers valued of DEM 1,09,368 (equivalent Indian rupees being Rs. 19,58,448/-) under an order No. 2027 dated 13th October, 1992 by M/s. Regime Modevertriebs GMBH of Germany to be delivered to M/s. E.U.F. London Ltd., Route Master Building, Walton Avenue, Pelistine G.B. Suffolk, IF 118 HE (U.K.) and accordingly raised Invoice No. 79 dated 27th November, 1992 for the said sum. M/s. Zeus Air Services (opposite party No. 2) were entrusted to do the documentation and custom clearance and the consignment was delivered to M/s. British Airways (opposite party No. 1) on 22nd December, 1992 after all the clearances were fulfilled. According to the Airways Bill No. 125-3747-0661 dated 21st December, 1992, was raised and the consignment was to be lifted and taken on 24th December, 1992 by flight B.A. No. 138.

(3.) It is stated by the complainant that though initially the name of the consignee was M/s. E.U.F. London Ltd., a direction was given to notify M/s. Regime Products, Robert-Busch Str-3, 7038 Holzerlingen, Germany, after the dispatch formalities were over, he opted to change the name of the consignee to German Bank i.e., "Suedwest Deutsche Lands Bank", Girwestdeut-Che, Mannheim, Germany" with instructions to notify the original consignee M/s. E.U.F. London Ltd., and "Regime Products". After the goods were dispatched, opposite party-1 was informed to make sure that the Bank alone should be specifically treated as consignee. As per this arrangement, M/s. E.U.F. London Ltd., should take delivery of the consignment through the Bank.