SINGAPORE AIRLINES LTD. Vs. M/S. BEAUTY HOUSE

JUDGEMENT

(1.) In the absence of any opposition, delay in filing of appeals is condoned. The applications stand disposed of.

(2.) These two Appeals arise out of a common order, dated 11.03.2008, passed by the Delhi State Consumer Disputes Redressal Commission (for short "the State Commission") in Complaint Case No. C-202/1999. F.A No. 317 of 2009 has been filed by Dart Global Logistics Pvt. Ltd. (for short "DGL"), an IATA appointed Cargo Agent, and F.A No. 258 of 2008 is by Singapore Airlines Ltd. (for short "SIA"), a carrier; impleaded in the complaint as Opposite Parties No. 1 and 2, respectively.

(3.) The material facts giving rise to these Appeals are that the Complainant, a partnership firm, is engaged in the business of manufacturing and export of garments. They received an order for export of garments to one Salco Manufacturing Company Pvt. Ltd., Australia (for short "Salco"). One Main Express Australia Pvt. Ltd. (for short "Main Express") was the nominated shipping agent of Salco in Australia. In execution of the said order, the Complainant handed over two consignments of 206 packages valued at US $29,550/- to DGL, as local booking agent of Main Express. Two invoices both dated 25.01.1999 showing them as the Consignor and National Australia Bank as the Consignee were issued by the Complainant. DGL issued House Airway Bill (HAWB), dated 30.01.1999, for shipment of the consignments from New Delhi to Melbourne. The HAWB on record indicates that the Complainant is shown as the Consignor; the box meant to mention the name of the Consignee is corrected and records the particulars of the Consignee as "To Order Of" and Salco as the notified party. The details of Letter of Credit obtained by the Complainant are also noted in the said HAWB. DGL handed over the consignments to SIA for carriage to Melbourne. However, in the Airway Bill (AWB) dated 30.01.1999, issued by SIA, DGL is shown as the shipper; Main Express as the Consignee and DGL as the issuing carrier's Agent. In accounting information Box, besides HAWB number, Complainant is shown as the shipper and Salco as the Consignee. Freight was prepaid. The HAWB and other allied documents seem to have been forwarded by the Complainant to the National Australia Bank. SAI airlifted the consignments to Melbourne. The Complainant claims to have learnt that though till March 1999, the original documents were still held by the National Australia Bank, the consignments had been delivered to Main Express on 26.04.1999. For delivering the consignments without production of the original documents, the Complainant lodged protest with DGL vide letter dated 31.03.1999. Relevant portion of the letter reads as follows: