AIR INDIA Vs. N UDDAVAN

JUDGEMENT

(1.) Though the Complainants in these cases are different the main opposite party in all the three complaint petitions is the same, namely, Air India. The facts in the three cases are substantially similar and the points arising for determination are identical. Hence, these three cases are being disposed of together under this order.

(2.) First Appeals Nos. 217of 1992 and 236 of 1992 arise out of a common order dated 23th April, 1992 passed by the State Commission, Tamil Nadu at Madras allowing substantially the claims for compensation put forward by the Complainant on the ground that there was deficiency in service on the part of Air India in the performance of a contract of carriage by Air of certain consignments of leather garments which were air-freighted by the two complainants from Madras to Gdansk in Poland under two separate transactions. The case put forward by the Complainants in these two cases has been summarised by the State Commission in paragraph 2 of its order in O.P. No. 283 of 1991(out of which Appeal No. 236 of 1992 has arisen) in the following terms :

(3.) It will be seen from the above summary that the main thrust of the complainant was that the instruction given by him to Air India after the Complainant having come to know that the consignee in Poland did not take delivery of the goods that the cargo should be forwarded to Gothenburg, Sweden for delivery there to another consignee by name "M/s. FUR FASHION" was not carried out by Air India in spite of several reminders and that this default on the part of Air India constituted "deficiency' in service. In the connected case which was numbered as Original Petition No. 283 of 1994 on the file of the State Commission the facts were almost identical as is seen from the following summary thereof given in paragraph 2 of the State Commission's order in First Appeal No. 217 of 1992. In defence to the complaints, it was contended by Air India that their obligation was to carry the consignments booked by the two complainants to a destination specified by them, namely, Gdansk in Poland and this obligation had been duly carried out by it inasmuch as the consignments involved in both the cases had safely reached the Air Port, Gdansk in Poland on 6.6.1991. Since Air India did not operate any service to Gdansk in Poland, it had arranged with LOT Polish Airlines for the transportation of the consignments in question from Frankfurt to Gdansk and it was through the instrumentality of the said Polish Airlines that the consignments were safely carried to the destination airport, namely, Gdansk in Poland. After the arrival of the consignments in the said port of destination the Polish Airlines gave notice of arrival of the consignments to the consignees concerned and even though reminders were also sent to the consigness, there was no response from them. The consignments therefore, remained undelivered at the Gdansk Airport. When long subsequently the complainants conveyed a request that the consignment should be rerouted to Gothenburg, Sweden, Air India contacted the LOT Polish Airlines to ascertain the charges that had to be paid to the Polish authorities at Gdansk Airport since the goods had remained undelivered in the Airport for a long time and huge amounts would have accumulated as airport demurrage charges and customs charges. Simultaneously, the complainants were informed that the said information was being awaited from the Polish Airlines and that in the meantime they should make a deposit of a substantial amount in U.S. Dollars with Air India to enable it to arrange for transportation of the goods from Gdansk to Gothenburg. The complainants thereupon offered to make some payment only in Rupee-currency, but they were advised by Air India to get Reserve Bank's approval for accepting the payment in Indian currency. The re-transportation from Gdansk to Gothenburg could not be arranged by the Opposite Party only because of the failure on the part of the complainants to obtain Reserve Bank's approval and deposit the required amount in Rupee-currency or alternatively to pay the same in foreign exchange. In the circumstances it was contended by Air India that there was no deficiency in service on their part.