MANAGER AIR INDIA Vs. K K MOIDU

JUDGEMENT

(1.) This appeal is directed against the order passed by the District Forum, Kozhikode, in opposite party No.461/95. Opposite parties 2 and 3 are the appellants.

(2.) This appeal filed out of time alongwith a petition to condone the delay of 33 days in filing the appeal. For the reasons stated in the accompanying affidavit and taking a lenient view in the matter we condone the delay.

(3.) Shortly stated, the allegations in the complaint are as follows: the complainant booked some cargo from Abu Dhabi to Thiruvananthapuram on 12.4.1993. The booking was done through the first opposite party, an agent of Air India. The complainant was told by the first opposite party that the cargo would reach India within three weeks and that intimation of arrival of cargo will be given to him by registered post. As there was no information, he approached 2nd opposite party, the Manager of Air India, Thiruvananthapuram, on 3.5.1995 and enquired about the cargo. When he was told that if he had no intimation from Air India he must come on receipt of intimation from Air India. Since he did not have any intimation he made enquiries at Abu Dhabi through his friends and knew that the cargo had already reached Thiruvananthapuram as early as 30.4.1995. He came to Trivandrum on 3.7.1995 but was again told that he will be informed when the cargo arrives even though the information he received from Abu Dhabi was conveyed to the officer. Finally the 2nd opposite party traced out the information when he approached through some officer of Customs Department, but he had to pay Rs.9563/- as demurrage charges. He had to go back to raise the amount and got the baggage on 9.7.1995. It was on account of the negligence of the 2nd opposite party that he had to pay demurrage charges and suffer other kinds of losses and incur unnecessary expenses which he assessed at Rs.55.000/-. He claimed a compensation of Rs.55,000/-.