Mr. Justice D.R. Vithal Rao, President— In this complaint, the complainant has sought damages in a sum of Rs. 11,62,821/- towards the value of cargo and interest at 21% p.a. on the said amount from the opposite party—M/s. Gulf Air India.

2. The complainant sent a consignment the ready made garments in 97 cartons through the O.P.- Airlines to a consignee at Frankfurt, West Germany on 16-10-1990. The cost of the cargo was Rs. 10 lakhs. The said cargo was entrusted by the complainant to the opposite party on 16-10-1990 at Bangalore. It was to be delivered to the consignee in West Germany on or before 5-11-1990, as the said cargo contained garments meant for sale for X’mas festivals. The said cargo was air-lifted from Bangalore to Bombay only on 3-11-1990 and part of it reached the destination on 8-12-1990 and the rest of it did reach the destination only on 17-12-1990.

3. The complainant averred that in consequence of this delay in forwarding the shipment to the destination, the consignee did not take the delivery of the cargo.

4. The complainant has in this regard at para 11 of the complaint specifically averred thus.

“By the delayed delivery of the cargo to the consignee, the cargo