NATIONAL TRAVEL SERVICES Vs. GAURANG FILMS

JUDGEMENT

(1.) This appeal is directed against the order dated 31.1.2006 of the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, 'the State Commission') in consumer complaint No. 17 of 2001. By this order, the State Commission held that the opposite party (OP) [General Sales Agent - GSA - of the Air Carrier, Kuwait Airways] guilty of deficiency in service for non-delivery of a Television (TV) film cassette to the designated consignee in Belgrade and gave the following directions:

(2.) The facts of the case are that the above-mentioned cargo/consignment (TV film cassette) was handed over to the OP through the complainant's shipping agent on 5.11.1998. The consignment did not reach the consignee in Belgrade. After prolonged correspondence, the OP informed the complainant/respondent only on 21.6.1999 that the consignment had gone missing from the Paris airport and that further time would be needed for investigation and settlement of the consignor's claim. After further wait, the complainant sent an Advocate's letter to the OP on 20.8.1999. Finally, a reply dated 13.9.1999 was received from the Advocate of the OP denying any liability on the part of the OP to meet the claim but requesting the complainant to a wait the decision of Air France which was involved in Carrying the consignment from Paris to Belgrade. Finally, on not getting any response, the respondent/complainant filed a complaint before the State Commission on 7.2.2001, with the result already noticed above.

(3.) We have heard Mr. Shaiwal Srivastava for the appellant and Mr. Sudheer Pandey for the respondent/complainant and considered their oral as well as written submissions, evidence and documents brought on record.