(1.) THE Complainant M/s. Tirupati Agencies is a proprietorship firm based in Kolkata. The Complainant was awarded an overseas contract for consignment of 2300 dozens of goods of children garments to Abdullah Hassan Balubaid Est. having its office in Jeddah, Saudi Arabia. The said foreign buyer has obtained a documentary Credit No. DCBJD 100149 dated 22.01.2001 for USD 37,300.00 issued by Saudi British Bank, Saudi Arabia in favour of the Complainant. This above documentary credit in their favour in accordance with the terms of Article 7(A) of UCP 500 was received by the opposite party no.1 Hongkong & Shanghai Bank on 23.1.2001. Opposite party no.1 entrusted the job of delivery of the said Letter of Credit to their agent an authorized courier M/s. First Flight Courier Ltd., opposite party no.2, for onward delivery of the said Letter of Credit to the Complainants on 24.1.2001 at their office at 11 Clive Row, Room No.21, 2nd Floor, Kolkatta -700 001. In spite of all the correct details given regarding the particulars of the office address, opposite party no.2 returned the said envelope containing the Letter of Credit with the remark Party shifted to unknown place on 5.2.2001 to O.P. No.1. It is submitted that O.P.No.2 did not care to ring up to ascertain the location of the Comp -lainants office. It is contended that O.P.No.1 based on the report of O.P. No.2 has given this information that the Complainant is unreachable and hurriedly informed the foreign buyer M/s. Abdullah Hassan Balubaid Est. On the basis of the report of O.P. No. 1, the foreign buyer became suspicious about the very existence of the firm and cancelled the Letter of Credit immediately.
(2.) LEARNED Counsel for the Complainant states that on enquiry, Complainant came to know that O.P. No.ls Mumbai office was asked by its Kolkata office to send the same Letter of Credit to the Complainant on or before 27.2.2001 which was received by the Complainant on 27.02.2001 at the same address. An amount of Rs.1,500/ - was paid towards commission for the said Letter of Credit to the O.P.No.2 by way of Cheque No.575555 dated 23.02.2001 and encashed by O.P.No.2 on 3.3.2001. Learned Counsel for the Complainant further states that meanwhile he came to know about the cancellation of Letter of Credit through a Swift Message of Saudi British Bank and the same was communicated to the O.P.No.1 on 28.02.2001. Learned Counsel for the Complainant contended that O.P.Nos.1 & 2 are deficient and negligent in their service ; O.P.No.2 for not ensuring to deliver the Letter of Credit in time at the address given and O.P.No.1 for hurriedly giving the wrong information to the foreign buyer.
(3.) LEARNED Counsel for the Complainant claimed payment of an amount of Rs. 17,35,000/ - for loss arising out of loosing foreign consignment transaction, Rs. 10,000/ - for loss of goodwill along - with loss of profit of Rs.4,50,000/ - out of this consignment thereby totalling to Rs.31,85,000/ - together with cost, legal expenses etc. for rendering deficient and negligent services by O.P.Nos.1 & 2.