SILVIA APPAREL LTD. Vs. ALITALIA AIRLINES

JUDGEMENT

(1.) THIS First Appeal has been filed by the Complainant/Appellant seeking enhancement of the compensation against the judgment and order dated 20.01.09 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission ') in Complaint Case No. 293/2000 whereby the State Commission while partly allowing the complaint has directed the Respondent No.1 to pay a lump sum compensation of Rs.1 lakh to the Complainant. Rs.10,000/ - were awarded as costs of litigation.

(2.) COMPLAINANT /Appellant was dealing in the business of manufacturing, selling and export of readymade garments. On receiving an order for supply of cotton readymade shirts from its overseas buyer, Chalco S.A, Respondent No.2 herein (O.P.No.2 before the State Commission), Appellant entrusted two consignments of cotton men shirts to the Alitalia Airlines - Respondent No.1 herein (O.P.No.1 before the State Commission) for its carriage by air from New Delhi to Barcelona against the Airways Bills No.055 -4541 -1704 dated 19.04.99 and No.055 -4541 -1785 dated 24.04.99. Respondent Airlines assured the complainant that the consignment booked on 09.04.99 and 24.4.99 would be delivered to the Respondent No.2 at Barcelona by 19.4.99 and 30.04.99 respectively. None of these consignments reached Barcelona on the scheduled time. On enquiry made by the Appellant, Respondent Airlines informed them that the part of the consignment would reach Barcelona on 3.05.99 and that a worldwide tracer message had been sent to locate the remaining part of the Cargo. Both these consignments reached Barcelona on 06.05.99. According to the Appellant, at the time of taking delivery of the consignments, it was found that the goods were in wet and damaged condition and most of the shirts were missing from many cartons. Complainant/Appellant lodged the claim with the Respondent Airlines for the damages. Respondent No.2 also lodged a claim of Rs.3,39,700/ - with the Appellant for damaged and missing garments. Respondent Airlines offered a sum of Rs.50,000/ - towards full and final settlement which was not accepted by the Appellant. Being aggrieved, Complainant filed the complaint before the State Commission claiming a compensation of Rs.5,00,000/ - towards the loss suffered by them.

(3.) APPELLANT filed its rejoinder and affidavit in evidence reiterating its claims and contentions against the Respondents and refuting the averments made in the written statement. Respondent also filed its affidavit in evidence in support of its defence.