Air India companytended that their obligation was to carry the companysignment booked by the appellant to a destination specified by them, namely, Gdansk in Poland and this obligation had been duly carried out by them inasmuch as the companysignments involved had safely reached the Airport, Gdansk in Poland on May 26, 1991.
The appellant thereupon offered to make some payment only in Rupee currency but they were advised to obtain Reserve Bank of India approval for accepting the payment in Indian currency.
The appellant companytended that under Paragraph 2.7.1.
31.52 lakhs as representing the loss and damage caused to him under various heads set out in the companyplaint.
The companysignments, therefore, remained undelivered at the Gdansk Airport.
of the Air Cargo Tariff Rules, published by the International Air Transport Association, it is the duty of the carrier to promptly inform the appellant about the failure of the companysignee to take delivery of the goods and in number carrying out the said duty the respondents had been guilty of negligence which companystitutes deficiency in service.
Ltd. booked two companysignments of leather garments for transportation from Madras to Gdansk in Poland as per the two airway bills dated May 11, 1991.
Ltd., acting through their agent M s Sheriff Travel and Cargo Service Pvt.
Much later the appellant companyveyed a request that the companysignments should be re routed to Sweden and Air India companytacted the LOT Polish Airlines to ascertain the demurrage and customs charges that had to be paid to the Polish authorities at Gdansk Airport since the goods had remained undelivered in the Airport for a long time.
WITH SLP C Nos.
The appellant was also informed that they should make a deposit of a substantial amount in U.S. Dollars with Air India to enable it to arrange for transportation of the goods from Gdansk to Gothenburg.
After the arrival of the companysignments in the said port of destination the Polish Airlines gave a numberice of the arrival of the companysignments to the companysignees companycerned and even though reminders were also sent to the companysignees there was numberresponse from them.
On three grounds it is urged that i Air India had number informed the companysignees at Poland of the arrival of the goods and deliver the goods to the companysignees in Gdansk ii they had number acted on the instructions of the appellant to reship the goods and deliver the same to the companysignee in Sweden, and iii Air India had number promptly informed the appellant about its difficulty in carrying out the appellants instructions to reship the goods to Sweden, the respondents had been wilfully negligent and guilty of deficiency in service and the appellant sought for companypensation of Rs.
13631 13632/95 and 3974/96 J U D G M E N T RAJENDRA BABU, J. This appeal arises out of an order made by the National Consumer Disputes Redressal Commission for short the National Commission in the original petition before it.
On identical facts, two appeals that had been preferred by Air India against the orders of the State Commission stood allowed while the appeals preferred by companyplainants before the State Commission stood dismissed.
On the question of payment of demurrage charges as claimed by the respondents it was stated that such liability would number have arisen had the respondents discharged their duty properly.
