SWISS AIR CARGO Vs. CENTURY SILK INC

JUDGEMENT

(1.) This appeal is against the order of Karnataka State Consumer Disputes Redressal Commission in Consumer Complaint No. 14 of 2004. When the matter came up on 10.11.2006, this Commission accepted the prayer of the appellant Swiss Air Cargo and stayed the operation of the impugned order, subject to deposit 50% of the amount before the State Commission. Respondent Nos. 2 and 4 had remained absent, despite publication of the notice in the local newspapers. Therefore, on 30.4.2007 it was decided to proceed against them ex parte. The matter was finally heard on 25.7.2011 and 26.7.2011.

(2.) The case of the Complainant, M/s. Century Silk Inc. before the State Commission was that the Complainant is an exporter of silk fabric to several countries. They had booked a cargo for Athens, Greece on 20.3.2003, through OP-1 /M/s. A.V. Thomas & Co. Ltd. The goods were despatched on 19.3.2003. Allegedly, OP-1 had agreed to deliver the cargo at destination on 25.3.2003. But, on 21.4.2003, the Complainant was informed that the cargo was still inMumbai. The purchaser cancelled the order resulting the loss of business about Rs. 24,00,000 and surrender of export benefits of Rs. 30,000. The Complainant has, therefore, claimed a compensation of Rs. 27.08 lakh.

(3.) The defence of the OPs was that the consignment could not be loaded on to the aircraft due to its large size resulting in delay on the Zurich-Athens Sector. It was also argued that when the consignee had accepted the delivery of the goods without any protest, the Complainant was not entitled to any compensation. The OPs also took the plea that the goods were being transported to Athens for a commercial purpose and, therefore, the Complainant is not a consumer.