JOSEPHINE JOHN Vs. AVIATION EXPRESS P LTD

JUDGEMENT

(1.) Appellant was the complainant before the State Commission, where she had filed a complaint alleging deficiency in service on the part of the respondents.

(2.) Very briefly the facts of the case are that the complainant who is proprietrix of M/s. Sunny Exports, is an exporter of leather garments and leather goods. After obtaining an order from the importer in U.K., she handed over a consignment of 10 cartons valued at Rs. 2,46,698 to respondent No. 1, M/s. Aviation Express Pvt. Ltd., who in turn handed over the consignment to second respondent who are the agents of M/s. Singapore Airlines, the third respondent. This was against an L.C. The payment was made to the complainant but when the payments were not received by the Bank in terms of L.C., they asked for repayment of this credited amount, to the Bank. It is the case of the complainant that the goods were not released in U.K. to the party but to an agent of the consignee on alleged oral instructions, which finds no mention in the Air-way bill. Since there were continuous demands of amounts in question from her Bank and she was neither receiving any payment nor any information about as to whom the goods have been delivered, and after constantly chasing the matter with all the three respondents, no satisfactory reply was forthcoming, a complaint was filed before the State Commission, who after hearing the parties and perusal of material on record, dismissed the complaint. Aggrieved by this order, this appeal has been filed before us.

(3.) We heard the learned Counsel for the parties at some length and perused the material on record. As per provisions of law this case shall be governed by the provisions of Carriage by Air Act and as there is also not dispute that the Air-way bill is a contract between the parties. When we see the Air-way bill the consignee's name and address is given as follows: