Judgment

H.L. DATTU, J.

1) This appeal is filed under Section 23 of the Consumer Protection Act, 1986 [hereinafter referred to as “the C P Act”] against the order in Original Petition No. 161 of 1994 of the National Consumer Disputes Redressal Commission, New Delhi [“the National Commission” for short] dated 15th January, 2004, whereby the National Commission has directed the appellant to pay a sum equivalent to US $71,615.75 with 5% interest from the date of the complaint, till its realization, and imposed costs of `1 lakh for deficiency of service.

2) The appellant before us is an International Cargo carrier, with its principal place of business at Beirut, Lebanon. Respondent No.1 is a garment exporter and respondent No.2 is an accredited International Air Transport Association agent. By this appeal, we are called upon to examine and reconcile the area of operation of the C P Act on the one hand, and the Carriage by Air Act, 1972 [hereinafter referred to as “the CA Act”] along with the Warsaw Convention of 1929 [hereinafter referred to as “the Warsaw Convention”] on the other. The appellant, respondent No. 1 and respondent No. 2, hereinafter, for the sake of brevity, referred to