GULF AIR Vs. SACHAN AGGARWAL

JUDGEMENT

(1.) Brief facts of the case are that the complainant sent a consignment on 'freight collect' basis from New Delhi to Johennesburg, South Africa on 16.12.1994 through the Gulf Air, hereinafter referred to as the opposite party. The consignment reached its destination on 20.12.1994. On 22.12.1994, the complainant requested Delhi Office of O. P. to convert 'freight collect' to 'freight pre-paid'. The NOC from complainant's bank namely the Indian Bank required by the opposite party was produced on 21.12.1994 through O. P's. IATA agent M/s. Indair Carriers (Pvt.) Ltd. O. P. promised to send necessary instructions to their office at Johennesburg but failed to do so with the result that the consignee could receive delivery only on payment of freight. In this process a sum of Rs.43,887/- on account of freight was paid over twice, once by the complainants at the time of booking and second time by the consignee at the time of receiving delivery for the reason that revised instructions had not reached them by 29.12.1994 when the consignee took delivery. The complaint was contested. By order under appeal, the District Forum allowed Rs.50,000/- on account of damage in addition to interest @ 18% p. a. on the excess freight which the complainant had to pay for the period 29.12.1994 to 26.7.1995.

(2.) We have heard Mr. M. Wadhwani, Advocate for the appellant and Mr. Sachan Aggarwal, partner of the firm and have carefully gone through the record.

(3.) Mr. Aggarwal concedes that the freight paid second time has since been refunded. He further concedes that the complainant has not filed any cross-appeal. Towards the conclusion of hearing the parties agreed that the order of the District Forum with regard to payment of compensation amounting to Rs.50,000/- be affirmed and the remaining direction with regard to payment of interest on the amount of freight for the period stated therein may be set-aside. We find that in the facts and circumstances of the case this is in accordance with the case made out on record. We, accordingly, partly accept the appeal, affirm the order with regard to payment of Rs.50,000/- as compensation and Rs.2,000/- (awarded by the District Forum) as costs and set- aside the direction with regard to payment of interest. The cheque in compliance with this order shall be prepared in the name of the firm M/s. Adonia Indiana through Indian Bank, Shanti Niketan Branch, Delhi-21 and may be delivered to Mr. Sachan Aggarwal, partner thereof within one week. The parties shall bear their own costs in appeal. A copy of the order be furnished to both sides as well as sent to District Forum-II.