JUDGMENT

Dalveer Bhandari, J.

1. This appeal is directed against the judgment and order of the National Consumer Disputes Redressal Commission, New Delhi, dated 7.1.2004 passed in First Appeal No. 190 of 1996.

2. A two-Judge bench of this Court by its order dated 10.11.2009 referred this matter to a larger Bench. The said order reads as under:

The questions in this case is whether proceedings before the Consumer Forum are suits. It appears that there are two conflicting judgments on this point E.I.C.M. Exports Ltd. v. South Indian Corporation (Agencies) Ltd. and Anr. 2009 (10) SCALE 22 and Patel Roadways Limited v. Birla Yamaha Limited (2000) 4 SCC 91. Hence we are referring the matter to a larger Bench to resolve this conflict, to be constituted by Hon'ble the Chief Justice of India.

BRIEF FACTS:

3. The Respondent booked a consignment of Reactive Dyes with the Appellant Ethiopian Airlines to be delivered at the Dar Es. Salaam, Tanzania on 30.9.1992. The airway bills were duly issued by the Appellant from its office in Bombay at the Taj Mahal Hotel for the said consignment. According to the Respondent there was gross delay in arrival of the consignment at the destination, which led to de