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2014 Supreme(SC) 931

SUPREME COURT OF INDIA
Jasti Chelameswar and Arjan Kumar Sikri, JJ.
Transport Corporation of India Ltd. - Appellants
Vs.
Ganesh Ploytex Ltd. - Respondent
Civil Appeal No. 1427 of 2007
Decided On: 05.11.2014

Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Jayant Bhushan, Sr. Adv., Madhvi Diwan, Rishi Maheshwari and P.S. Sudheer, Advs.
For Respondents/Defendant: A.N. Haksar, Rajeev K. Virmani, Sr. Advs., Rashmi Virmani, Sandeep Narain, Mukta Dutta, Jyoti Prakash, Advs. and S. Narain and Co.

Headnote:

Consumer Protection Act, 1986 – Section 23Customs Act, 1962 – Section 74, 75, 50, 60,157, 41Evidence Act – Section 78 – Duty and Service Tax Drawback Rules, 1995 – Rule 13 – Negotiate Various – Received and Consignment – Respondent was required to dispatch entitled goods and "negotiate various documents including invoice, consignment copy of goods received and consignment note bill of exchange Bangladesh allegedly, the banker of Complain was required to dispatch quantities of said goods and to negotiate various documents including invoice consignee copy of goods receipt/consignment note bill of exchange etc., and other documents of dispatch – Held, Relevant date on which such a claim for drawback could be made – We are not sure whether under the rules applicable to the transaction in question, whether it is the date of the actual delivery of goods in foreign country which entitles exporter to file an application claiming drawback or is it the date of the entry of the goods for export from India – Absence of any material on record such as one indicated above mere fact that Respondent did claim a duty drawback does not necessarily lead to inference that Appellant had duly delivered the goods in question at Benapole Customs station – Appeal is dismissed.

JUDGMENT

Jasti Chelameswar, J.

1. This is an appeal Under Section 23 of the Consumer Protection Act, 1986 against the order dated 20th December, 2006 of the National Consumer Disputes Redressal Commission (for short "the National Commission") in Original Petition No. 341 of 1993. The opposite party/Respondent in the above-mentioned original petition is the Appellant herein. The sole Respondent herein was the complainant before the National Commission.

2. By the impugned Order, the National Commission allowed a complaint filed by the Respondent herein and directed the Appellant herein to pay an amount of Rs. 29,74,321.45 with interest @ 12 per cent per annum from the date of the filing of the complaint till the date of realization apart from the cost quantified at Rs. 25,000/-.

3. The substance of the complaint before the National Commission is as follows:

4. Both the parties to the complaint are public companies under the Companies Act. The Respondent is engaged in the business of manufacturing and selling of yarn and export of fabric of different specifications, whereas the Appellant is engaged in the business of transporting goods from one place to the other for consideration.

5. In the year 1992, the Respondent received an indent for export of 100 per cent cotton yarn fabric specified therein, the details of which are not necessary for the purpose of this judgment. The said indent was placed by one M/s. Aleef Enterprises (Trading), Dhaka calling upon the Respondent to export the goods specified in the indent to M/s. Azim Garments Ltd.. in Dhaka, Bangladesh.

6. According to the complaint, the Respondent was required to dispatch the entitled goods and "negotiate various documents including invoice, consignment copy of the goods received and consignment note bill of exchange etc." through M/s. Islami Bank Bangladesh Ltd., allegedly, the banker of M/s. Azim Garments Ltd., Dhaka. [Para 3 of the Complaint: In terms of the said indent, the complainant was required to dispatch the quantities of the said goods and to negotiate various documents including the invoice, consignee copy of the goods receipt/consignment note, bill of exchange etc., and other documents of dispatch through M/s. Islami Bank Bangladesh Ltd., the bank of the said M/s. Azim Garments Ltd.]

7. The Respondent averred in the complaint that it had agreed to send the various documents to be negotiated with the said Islami Bank and acceptance by the Respondent's banker i.e. the American Express Bank Ltd.. It is further stated in the complaint that the said Islami Bank was entitled to take delivery of the goods or endorse the consignee copy of the goods receipt/consignment note in favour of M/s. Azim Garments Ltd. [Para 3 of the Complaint: The said documents were agreed to be sent to the said Islami Bank Bangladesh Ltd., for negotiation and acceptance by American Express Bank ltd., the bank of the complainant. The said Islamic Bank Bangladesh Ltd. upon acceptance for payment of the said documents including the bill of exchange for the price of the goods consigned, was entitled to either take delivery of the consignment of the said goods itself or endorse the consignee copy of the goods receipt/consignment note in favour of M/s. Azim Garments Ltd.]

8. The Respondent entrusted five consignments of goods to the Appellant on various dates, the details of which are as follows:      

Invoice No.

Date

Qty in Mtrs.

Amount US S

Consignment Note No.

Date

EXP/2

28.10.92

13982

18176.60

A 08465

28.10.92

EXP/3

05.11.92

25109

32641.70

A 08565

05.11.92

EXP/4

14.12.92

12208

15870.40

A 08658

16.11.92

EXP/5

30.01.93

16188

21044.60

A 98738

29.12.92

EXP/6

25.02.93

5447

7081.10

A 11351

15.02.93
















































































































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