ORDER

Leave granted.

We have heard learned counsel on both sides.

2. This appeal by special leave arises from the appellate order of the National Consumer Disputes Redressal Commision, New Delhi dated 17.1.1996 made in FA No. 317 of 1993 which in turn reversed the order of the State Forum Commission, Madras in O.P. No. 364/93 dated June 9, 1993. The admitted facts are that the respondent-plaintiff manufacturer appears to have an agreement with a German buyer for summer season, 1990 and consigned certain goods with documents sent in a cover on May 25, 1990 containing (1) invoice No. 32; (2) packaging list; (3) Original Export Certificate and certificate of origin No. T/WG/001316 dated 24.5.90; and (4) Original GSP Form A No, E1. It would appear that the cover did not reach the destination. Consequently, though the duplicate copies were subsequently sent by the date of receipt of the consignment, the season was over. Resultantly, the consignee agreed to pay only DM 35,000/- instead of invoice value DM 56,469.63. As a result, the appellant laid the complaint before the State Commission for the difference of the loss incurred by the respondent in DM 21,469.63 equivalent to Rs. 4,29,39