AFL LTD Vs. LUFTHANSA CARGO INDIA PVT LTD

JUDGEMENT

(1.) THIS application dated 15.4.2004 is filed by AFL Limited seeking rectification of this Commission's judgment and order dated 6.1.2004 in Original Petition No. 310/99. The facts briefly are as follows: The petitioner AFL Limited (formerly known as Airfreight Ltd.) accepted goods from three companies (amongst others), namely, Bee Gee Handicrafts, Rattan Textiles and K. Overseas, for transporting to Gemany most expeditiously since the said companies wanted to exhibit those goods (textile) at a trade fair in Frankfurt being held on 14th to 17th January, 1998. They would call these companies as "Trading Companies". The petitioner in turn handed over the goods to Lufthansa Cargo India Pvt. Ltd.. (opposite party) for air transport. The goods were not delivered by Lufthansa Cargo India Pvt. Ltd.. in time at Frankfurt to enable the trading companies to exhibit them.

(2.) AGGRIEVED by this the "Trading companies" demanded compensation from Airfreight Ltd. One of them, M/s. Bee Gee Handicrafts also filed a petition on 6th April, 1998 against AFL Ltd. before this Commission (O.P. No. 87/1998) claiming damages worth Rs. 10,10,76,000. Other trading company, Rattan Textiles, Jaipur, also made some claim against AFL Ltd. and AFL Ltd. paid an amount of Rs. 34,298 to Rattan Textiles. A third Company, K. Overseas, Delhi, also withheld Rs. 39,990 which have to be paid to AFL Ltd. In view of these claims against AFL Ltd. and in view of the fact that the actual delay was caused by Lufthansa, Cargo India Pvt. Ltd. in air transporting the goods, AFL Ltd. filed Original Petition No. 310 of 1999 against Lufthansa Cargo India Pvt. Ltd. claiming a compensation of Rs. 10,35,50,298 which comprises the three claims against it by the three named "trading companies" plus legal expenses, damages for loss and business and loss of repetition, etc.

(3.) LUFTHANSA Cargo India Pvt. Ltd. to AFL Ltd. of the amount of claim settled by AFL Ltd. with Bee Gee Handicrafts Ltd. according to the consent terms and endorsed by this Commission. AFL Ltd. has now come with rectification application pleading that since the amounts paid by AFL Ltd., K. Overseas and Rattan Textiles were ordered to be reimbursed by Lufthansa Cargo India Pvt. Ltd., on the same logic the amount paid by it to Bee Gee Handicrafts in terms of consent terms should have been ordered to be reimbursed by Lufthansa Cargo India Pvt. Ltd. It is argued that this is a mistake apparent on record and the amount of Rs. 10 lakh should be ordered to be reimbursed along with interest at 9%]p.a. from 8.L1998