LAWS(NCD)-2018-8-66

DEW INTERNATIONAL Vs. MAERSK INDIA LTD

Decided On August 23, 2018
Dew International Appellant
V/S
Maersk India Ltd Respondents

JUDGEMENT

(1.) The complainant which is engaged in export of tyre tubes etc., received orders from M/s Quantas Corporation which was impleaded as OP No.2 in the Consumer Complaint but was later on deleted from the array of parties and sent goods against two invoices, one bearing no. 24 & other bearing no. 25 in FA/782/2018 and against two invoices, one bearing no. 026 & other bearing no. 027 in FA/784/2018, through respondent/OP No.1 M/s Maersk India Limited, from New Delhi to Miami. The allegation of the complainant/appellant is that the aforesaid goods were delivered at the destination without taking the original Bill of Lading though the same were required to be delivered only against the Bill of Lading. When the matter was taken up by the complainant/appellant with the respondent/OP No.1, it claimed that the goods had been delivered on the basis of a Letter of Authority issued by the complainant/appellant. The complainant/appellant alleged that the said Letter of Authority was not a genuine document. OP No.1/respondent however, did not accept the said stand. Being aggrieved, the complainant/appellant approached the concerned State Commission by way of separate Consumer Complaints.

(2.) The overseas buyer which was initially impleaded as OP No.2 in the Consumer Complaints was dropped by the complainant/appellant from the array of parties.

(3.) The State Commission having dismissed the complaints, the appellant/complainant is before this Commission by way of these appeals.