SAWHNEY EXPORT Vs. PAKISTAN INTERNATIONAL AIRLINES

JUDGEMENT

(1.) Briefly the facts are that the complainant is carrying on the business of exporting silver jewellery studded with precious and semi-precious stones. M/s. Gay Teck V/s. Hediyelik Esya of Istambul placed an order dated 15.2.88 for silver jewellery prepared, packed in a tin case and delivered it to the respondent at New Delhi for delivery to the consignee at Istambul (Turkey ). The price of the jewellery was Rs.48,337-48. The consignee could not take delivery of the goods at Turkey and they requested to send them to Frankfurt. The complainant informed the respondent that the consignment would be transferred to Frankfurt, vide letter dated 23.8.88. M/s. T. I. E. Textile Handlesges sister concern of the consignee were intimated by the respondent on 30.11.88 that the shipment was not traceable. In January'89 the goods reached Frankfurt. As the goods reached late the consignee did not take delivery thereof and the order was cancelled by them.

(2.) It is alleged that due to deficiency in service by opposite party the complainant has suffered a loss of US Dollars 3659.15 and demurrage US Dollar 154.00. They have further pleaded that the respondents were liable to pay interest @ 18% p. a. with quarterly rests on that amount from 1.9.88 till 31.10.91 which comes to US Dollars 2,173.50. Consequently they filed the present complaint for recovery of the said amounts.

(3.) The respondents contested the complaint and inter-alia pleaded that it is not within limitation. It is, therefore, to be seen whether the complaint is within limitation.