TOMORROW ANTIQUES Vs. ALITALIA CARGO

JUDGEMENT

(1.) THESE two complaints have been filed by the complainants M/s. Tomorrow Antiques and M/s. Dilawari Exporters against respondent, Alitalia Cargo and others alleging deficiency on the part of respondent. Brief facts of the case are : Original Petition No. 155/1995

(2.) M /s. Tomorrow Antiques, after getting an order from D.D. Sales of New York, USA for 1025 pairs of cotton gents Dhotis, handed over this consignment to respondent No. 3 M/s. Fourways Movers (P) Ltd. on 4th of October, 1994, who is an IATA agent, for onward dispatch to New York for which a 'House' Airway Bill-842 was prepared by the Agent, respondent No. 3, then a carting order was prepared by respondent No. 1 which indicates the dispatch of this consignment as 6.10.1994 by Flight AZ 1905 with a rider 'cargo accepted subject to space'. Master Airway Bill was prepared on 4.10.1994. It is the contention of the complainant that there was a commitment about the arrival of consignment in New York by or before 10.10.1994 whereas it did not reach there till 20.10.1994, which resulted in cancellation of order by the importer causing loss to both the parties for which this complaint has been filed claiming in all Rs. 9.80 lakh with interest @ 18% and special damages of Rs. 15 lakh. Original Petition No. 156/1995

(3.) SINCE the basic facts are the same, respondents are the same and are being contested through the same lawyers, we go on to decide both the cases through a single order. Replies were filed by respondent Nos. 1 and 3 denying any negligence on their part resulting in deficiency in service. Rejoinder affidavits were filed and evidence was led by affidavits. In O.P. 155/1995 one affidavit by way of evidence was filed by Mr. Divesh Mehra, partner of M/s. Tomorrow Antiques on behalf of the complainant, followed by an additional affidavit by him and one affidavit by way of evidence was filed by Sh. Ajay Kumar Datta, Cargo Sales Manager on behalf of respondent No. 1.