SAWHNEY BROTHERS Vs. ALITALIA, INDIRA GANDHI INTERNATIONAL AIRPORT

JUDGEMENT

(1.) BRIEFLY the facts are that M/s. Frorentia S.R.L. Plaza Menfedo Fanti, Rome (hereinafter referred to as the purchaser) placed an order for readymade garments to the complainant on 10.4.91. The complainant prepared the garments as per requirement of the purchaser and packed them in 40 bags. An invoice No. 4842 dated 29.6.91 for US dollars 14,656.57 was prepared alongwith other necessary documents. The consignment of 40 bags was delivered to the opposite party at New Delhi, who issued an Air Way Bill dated 2.7.91. The consignment was to be delivered to or at the instance of Banca Populare Di Sondrioa via Carlo, Alberto No. 61A Rome against presentation of the original airway bill and other documents. A sum of Rs. 29,763.00 was paid to the opposite party on acceptance of the consignment.

(2.) THE complainant drew a bill dated 6.7.91 for US dollar 14,656.57 and delivered that to the Bank of Rajasthan, Janpath, New Delhi for collection alongwith other necessary documents. They were informed by the opposite party vide letter dated 27.8.91 that the consignee had not taken the delivery of the consignment. They informed the opposite party vide letter dated 12.9.91, that the party was on business tour and they could not be contacted. The opposite party was requested to advise last delivering carrier at destination to keep the consignment under custom bonded area till further instructions.

(3.) THE purchaser it is alleged desired that the consignment be delivered to them directly. The complainant made a request vide letter dated 6.11.91 to the opposite party to deliver the consignment direct to the purchaser. The opposite party informed the complainant vide letter dated 11.2.92, that the consignee's name had been amended but that the purchaser had refused to accept the shipment on the ground that the charges involved were to high.