BRIG CARGO INTERNATIONAL Vs. ANURAG EXPORTS

JUDGEMENT

(1.) Heard Mr. S. N. Tripathi, Advocate, for Brig Cargo International, Mr. Uday Kumar, Advocate, for EMU Lines Pvt. Ltd. and Mr. Dwarika Prasad Shukla, Advocate, for M/s. Anurag Exports, in all connected appeals.

(2.) Above appeals have been filed against order of State Consumer Disputes Redressal Commission, Uttar Pradesh, dtd. 5/7/2011, passed in Consumer Complaint No.179 of 2002, allowing the complaint and directing the appellants of these appeals jointly and severally to pay Rs. 1076000.00 with interest @9% per annum from 28/3/2001 till 31/10/2002, Rs. 10000.00 as compensation and Rs. 10000.00 as litigation costs, within 60 days from the date of judgment with default clause. As all the appeals arise out of same order in CC/179/2002 as such the appeals were consolidated and heard together. M/s. Anurag Exports (complainant) has filed Cross Objection in FA/313/2011. Consumer Protection Act, 1986 and the Rules and the Regulation framed under this Act does not contain any provision for cross objection. The remedy of the appeal, revision and review are statutory remedies. It is well settled that if the proceeding is under any special enactment then remedies of the appeal, revision and review, if provided under that enactment alone, can be availed. Cross Objection filed under Order 41 Rule 22 of Civil Procedure Code, 1908 is not maintainable. Being long barred by limitation, it cannot be treated as an appeal and is rejected.

(3.) M/s. Anurag Exports (the respondent) filed CC/179/2002, for directing Brig Cargo International, M/s. Brig Cargo International, E M U Lines Pvt. Ltd. and Badri Prasad Verma (the appellants) to pay (i) Rs. 1076000.00 with interest @18% per annum from 28/3/2001 till payment, for loss of consignment; (ii) Rs. one lakh, as compensation for mental agony and harassment; (iii) Rs. 11000/-, as litigation costs; (iv) any other relief, which is deemed fit and proper in the facts of the case.