RAKESH VAID Vs. AIR INDIA HIMALAYA HOUSE

JUDGEMENT

(1.) BRIEFLY the facts are that the complainant entrusted to the O.P. a consignment of 47 bags containing readymade garments for shipment to Porlamar (Venezuela) on 15 -11 -91. He paid the freight and other charges amounting to Rs. 98,060/ - in advance. The value of the garments, it is alleged, was 21,462 US Dollars equivalent to Rs. 5,52,647/ -.

(2.) IT is further pleaded that the goods did not reach the destination within a period of three months, which was due to negligence and deficiency in service of the O.P. Consequently, he suffered a loss of Rs.9,28,077/ - as detailed below: -

(3.) IT is further pleaded that the complainant requested the O.P. vide letter dated 22 -192 to change the consignees name, as the original consignee had refused to accept the consignment. The O.P. wrote a letter dated 281 -92 requesting the complainant to forward no objection certificate from the Bank and demand draft of Rs.100/ - to enable them to take further action. It is alleged that the complainant did not forward the documents as requested by them. The Caracas CustomAuthorities detained the consignment at Caracas as commerical invoice was not attached to the Airway Bill of shipment. It is pleaded that they ultimately auctioned the goods since there was no response from the consignee even after 37 days of the arrival of the consignment.