UMA EXPORTS Vs. SINGAPORE AIRLINES LTD

JUDGEMENT

(1.) -this is a complaint under Sec.17 read with Sec.12 of the Consumer Protection Act.

(2.) The complainant, who is an Exporter of Textile goods, received an order from M/s. D and S Import-Export Limited, U. S. A. for total value of Rs.24,200/- U. S. dollars, equivalent to Rs.7,57,944/-. The complainant delivered a consignment of 13 packages being a portion of the total value of the order through the 2nd Opposite Party forwarding Agent to the 1st Opposite Party Singapore Airlines on 3.5.93 for transport to U. S. A. Out of the 13 packages, only 3 packages were received by the Consignee at Los Angles. The complainant wrote to the 1st Opposite Party on 1.6.93 and the 1st Opposite party admitted the loss by its letters dated 2.6.93 and 8.6.93. The 2nd Opposite Party has also been negligent in not seeing to it that the consignment reached intact. Hence this complaint claiming compensation in the sum of Rs.13,88,248/- including value of the total order placed by the Foreign Buyer.

(3.) The complaint is resisted by the 1st Opposite Party. It is pointed out that the claim was made on this Opposite Party by the Consignee M/s. Dand S Import-Export Ltd. , U. S. A. for Rs.15,143.02 U. S. dollars in respect of the missing packages and this Opposite Party settled the claim at U. S. dollars 10,420 and paid the amount by means of a cheque. M/s. D and S Import-Export Limited has also executed a Release and Indemnity. It is also pointed out that the complainant by its letter dated 14.7.93 has admitted the realization of the value of this Consignment. The Complainant is not, therefore, entitled to make any claim in respect of the missing packages. It is further contended that the carrier is not liable for any consequent loss arising from carriage, whether or not the carrier had knowledge of such damages might be incurred.