SONA ENTERPRISES Vs. ALSHARIEF GROUP

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order of the Karnataka State Commission dismissing the complaint filed by the appellant before us on grounds of jurisdiction.

(2.) Brief facts of the case are that the complainant sent four boxes of handicraft items to Bahrain through M/s. Continental Carriers for participation in an 'Autumn Fair' in Bahrain which was to be held there from 30.11.1995 to 8.12.1995. The consignment did not reach Bahrain till 8.12.1995. M/s. Continental Carrier advised the appellant/complainant to contact A1 Sharif Group at Bahrain who were advised by the appellant to send back the consignment. This consignment did not come back and the appellant could not go to Bahrain. They again advised A1 Sharif Group to keep the consignment upto November, 1998 promising that all the charges shall be paid. Appellant was informed that the said consignment has been auctioned by the Bahrain Port authorities. It is the appellant's allegation that she suffered substantial loss on account of deficiency on the part of A1 Sharif group based in Bahrain. She has also arragned the Port Trust, Bahrain as a respondent party. In view of deficiency on the part of respondent, appellant filed a complaint before the State Commission seeking relief amounting to Rs. 5.30 lakhs with interest, of which, cost of handicraft was put at Rs. 5.00 lakhs and cost of special type of boxes was put at Rs. 25,000/-.

(3.) Both the opposite parties on being served notice, sent in their replies challenging the jurisdiction of the State Commission to entertain the complaint against respondents who are foreigner and have no place of business or agent in India.