AIR FRANCE Vs. PASCO ENTERPRISES

JUDGEMENT

(1.) Aggrieved by order of State Consumer Commission, UT of Delhi in Complaint Case No. 83 of 1994, the Complainant, Pasco Enterprises had filed this appeal. The appellant/complainant was in the business of export of carpets. The complaint related to export of a consignment of 71 carpets to a consignee in Hamburg, Germany. The cargo reached Hamburg, but the consignee did not take delivery. Eventually, the goods were disposed of in auction resulting in loss to the Complainant. He, therefore, filed the consumer complaint to recover Rs. 7.19 lakh towards the value of the consignments and Rs. 3.45 lakh towards damages and other expenses.

(2.) The case of the Complainant before the State Commission was that over three months after the shipments of goods through the respondent Air France, the Complainant learnt in April, 1993 that the consignment was still lying in the store of Air France at Hamburg Air Port. The Complainant requested the respondent to keep the consignment in their stores until some arrangement is made for the same. Towards this, an advance of storage charge was paid to the respondent on 2.4.1993. The respondents were also informed that one of the partners of the Complainant's firm was on his way to Germany to arrange lifting of the goods. It is alleged that due to the negligence of the respondents the goods were allowed to be auctioned, in spite of payment for storage being made in advance.

(3.) The allegations were denied by the respondents, stating that: