DHILLON EXPORTS PVT LTD Vs. AIR INDIA

JUDGEMENT

(1.) THIS complaint under Section 21 of the Consumer Protection Act, 1986 was filed on 22.9.1995 claiming Rs. 55,38,850/ - being the loss suffered by the complainants. A sum of Rs. 10.00 lakhs is further claimed by way of compensation on account of mental harassment and agony which the complainants had to undergo. Yet again a sum of Rs. 10.00 lakhs is claimed on account of opposite parties indulging in unethical trade practices.

(2.) THERE are two opposite parties. Both are international air carriers. Complainants say both these carriers had back to back arrangement for transporting the cargo by air. Complainants say that they had obtained orders from a Japanese Firm M/s. First Research Company Ltd. for Psyllium Husk (Isabgol). The value of the order was US $ 88,300 and the order was received on 26.9.1994. On 10.10.1994 complainants sent two consignments of 850 bottles of Psyllium Husk by air to Tokyo. Air India, it appears, sent these consignments on 13/16.10.1994 and 20.10.1994 which was received at Tokyo airport.

(3.) FOR one thing there is nothing on the record to show that there was any back to back arrangement of the two different air carriers i.e. the Air India and Japan Airlines. Cargo was air -lifted to Tokyo only by Air India which had arrangement with the Japan Airlines as handling agent. A copy of the handling agreement between the Air India and Japan Airlines had been brought on record. However, that will not affect the case of the complainants as Japan Airlines would be agent of Air India and Air India being principal would be liable for any deficiency in service as alleged by the complainants.