AIR INDIA LTD Vs. RAKESH VAID

JUDGEMENT

(1.) THIS appeal is by the opposite party, an international carrier.

(2.) ALLEGING deficiency in service respondent-complainant filed a complaint before the Delhi State Consumer Disputes Redressal Commission seeking compensation amounting to Rs. 9,28,077.00. This was on account of alleged loss suffered by the complainant of the goods of the value of US $ 21642 (equivalent to Rs. 5,52,647) which were to be airlifted by the appellant for shipment to Porlamar, Venezuela. Shipment was of ready-made garments and was entrusted to the appellant on 15-11-1991. A sum of Rs. 98,060/- was paid as advance by the respondent to the appellant as freight and other charges. Claim made in the complaint constituted of the following items :

(3.) IT cannot be doubted that carrier in this case was covered by the provisions of the Carriage by Air Act, 1972 which limits the liability of the carrier. That would be sub-rule (2) of Rule 22 of the First Schedule to that Act which is as under :