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DESH BANDHU AGGARWAL, A.P.CHOWDHRI
SAWAN MALL NARANG – Appellant
Versus
WORLD PACK AIR COURIER – Respondent


Advocates:
Counsel for the Parties :
For the Appellant : Authorised Representative.
For the Respondent:Mr. Sanjeev Gupta, Advocate.

ORDER

Mr. Justice A.P. Chowdhri, President— This order would dispose of complainant/ appellant’s application for amendment of the complaint during the pendency of the present first appeal.

2. It appears that the complainant sent some documents in a packet to his son through the opposite party working as courier. The packet was not delivered. The complainant approached District Forum-II for compensation on the ground of alleged deficiency in service. In reply, inter- alia, the respondent took the plea of limited liability in accordance with the terms and conditions of the courier service. Relying on Bharthi Knitting Company v. DHL World Wide Courier Express, II (1996) CPJ 25 (SC), the District Forum held that the liability of the opposite party was limited to Rs. 100/-. The complaint was allowed and opposite party directed to pay the said limited liability in addition to costs amounting to Rs. 500/-. Dissatisfied with the order, the complainant has preferred the first appeal. During the pendency of the first appeal, the complainant had moved the present application for amendment. By the amendment the complainant seeks to add paragraphs 24 to 29.

3. The application has been opposed. The







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