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2009 Supreme(SC) 1265

MARKANDEY KATJU, V.S.SIRPURKAR
E. I. C. M. Exports Ltd. – Appellant
Versus
South Indian Corpn. (Agencies) Ltd. – Respondent


Advocates Appeared: For the Appellant:Kailash Vasdev, Sr. Advocate, Vipin Gogia (for Ms. Jaspreet Gogia), Advocate, For the Respondents:E.C. Agrawala, Advocate.

Judgment :

1. This Appeal has been filed against the impugned order of the National Consumer Disputes Redressal Commission, New Delhi (for short National Commission) dated 06th February, 2003 passed in Original Petition No. 285 of 1997.

2. The facts of the case are:

The Appellant is an export house. It had booked certain goods through respondent No.1 for carriage through respondent No.2 to New York, U.S.A. According to the appellant, the goods were expected to reach in the second week or early third week of February, 1995. It is alleged that the goods were never delivered to the consignee in New York, although the goods had allegedly reached New York. According to the appellant, the goods were kept in the Customs Bonded Ware House in New York which demanded US Dollars 5000 as demurrage.

3. Since the shipment was delayed and consequently the foreign buyer refused to accept the consignment, the appellant filed a complaint before the National Commission seeking a direction to the respondents to pay a sum of Rs.39,81,351/- along with interest thereon @ 24% per annum from the date of filing of the petition till realization due to the negligence on the part of the respondents.

4. The Nati



















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