RAJASTHAN ART EMPORIUM Vs. KUWAIT AIRWAYS

JUDGEMENT

(1.) M/s Rajasthan Art Emporium filed this complaint before this Commission in September, 1997 against Kuwait Airways and Daga Air Agents. This Commission decided the complaint on 21.5.2003. The complaint was partly allowed. Aggrieved by that order, the complainant approached Hon'ble Supreme Court. The Hon'ble Supreme Court vide its order dated 15.3.2011, was pleased to hold as follows:

(2.) It is not out of place to mention here that after the receipt of the order from the Hon'ble Supreme Court, it was reported by the Registry that file is not available/traceable. Thereafter, the file was reconstructed with the help and assistance of both the counsel. For that, we are grateful to them in getting the file prepared. It is also noticed that, whenever, the Hon'ble Supreme Court calls the record, in few cases, the file is not traced out after its remand. The registry is directed to be careful and keep tabs on the file till its final disposal.

(3.) The case of the complainant is as follows. The complainant is exporter of all kinds of handicrafts articles with several countries including USA. The complainant had received an order from M/s Williams Sonoma Inc. USA for supply of handicraft goods. Those were to be sent on urgent basis. The opposite parties above said assured the complainant that the goods will be delivered within seven days. The complainant tendered three shipments to the opposite party No. 1 through opposite party No. 2. The complainant was informed that three consignments as detailed in the complaint were to be delivered on 29.7.1996, 31.7.1996 and 31.7.1996.