AIR FRANCE Vs. REGISTAN EXPORTS

JUDGEMENT

(1.) This appeal is preferred by original opposite party no. 1, feeling aggrieved by judgement and order rendered by State Consumer Disputes redressal Commission, Delhi (hereinafter referred to as 'the State Commission') in complaint case no. C-17/1996. By the impugned order, the State Commission directed the appellant to pay compensation of Rs. 50,000/- on account of belated delivery of the consignment, loss of future business and cost of litigation, to respondent no. 1, i. e. , the original complainant.

(2.) For the sake of convenience, parties may be referred to as per their nomenclature in the proceedings of the complaint before the State Commission. The appellant is OP No. 1, the respondent no. 1 is the original complainant. The original OP No. 2, M/s. Continental Carriers Pvt. Ltd. IATA is not joined as party in the appeal as no relief was granted against the OP No. 2 by the State Commission.

(3.) The complainant deals in business of manufacturing and export of readymade garments, precious and semi precious stones and like items. Admittedly, the complainant despatched the consignment consisting of readymade garments, leather sleepers, perfumed sticks (agarbattis) and semi-precious stones through OP No. 2, i. e. , M/s. Continental Carriers Pvt. Ltd. IATA which was to be carried by air cargo of OP No. 1 (appellant). Thus, the cargo services of the OP No. 1 were availed by the complainant for the carriage of goods from New Delhi to CIUDAD DEL ESTE, Paraguay, South America. That place is accessible only by road or through some another carrier.