Mr. Justice S.S. Chadha, Member—This Original Petition under Section 21 of the Consumer Protection Act, 1986 by M/s. Old Village industries Ltd. was originally directed against Air India but subsequently the prayer of Air India for impleadment of KLM Royal Dutch Airlines (for short called K.L.M.) as additional opposite party was allowed by this Commission in the order dated 11.1.95.

2. The facts which are not in dispute may be first noticed. The complainant through its agent M/s. A.T. Travels, New Delhi entrusted to Air India 100 packages of ready-made garments for carriage from New Delhi to MANZINI/ MOPUTO, Swaziland. Photo copies of two Air- way Bills bearing No. 098-5671 8056 for 40 packages and 098-5671 8060 for 60 packages are on record and contain all the particulars of the bookings. 40 packages contained readymade garments of cotton mill made (Denim) Ladies Jacket QTY. 1000 pieces. 60 packages contained readymade garments of Cotton P/L ladies Jacket Style No. 98-910 Qty. 1500 pieces. A total sum of Rs. 1,19,615/- (Rs. 47,640.50 plus Rs. 71,913.75) was paid by the Complainant to Air India as freight charges. The consignee named in the Air Waybills was M/s. A & M Import